Arkansas DUI Penalties

Arkansas DUI laws and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence of alcohol, or better known as DUI. Within this article we will explore the different DUI laws specific to the State of Arkansas, including penalties. To begin with, there is what is known as a "Lookback Priod" where for a period of five years prior to the current DUI you are facing, any of the DUI's you may have are included in the relevancy of sentencing you are currently facing. This is also known as a "washout" period. 

What consitutes as a high BAC for a DUI in Arkansas?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive, as your vision, responses, along with your mental capacity to make quick and important decisions and judgments, are severely hindered and not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical testing on suspected DUI offenders. If you are pulled over and are requested to take a chemical test in order to determine your BAC, or Blood Alcohol Content, Arkansas has an implied consent law. This means if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

  • First Offense: 6 month license suspension
  • Second Offense: 2 year license suspension
  • Third Offense: 3 year license suspension

What are the penalties within the Arkansas DUI laws?

There are several penalties within the Arkansas DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of the State of Arkansas, the following will be the consequences you will be facing:

Penalty of Jail:

  • First Offense: 24 hours to 1 year
  • Second Offense: 7 days to 1 year
  • Third Offense: 90 days to 1 year
  • Fourth Offense: 1 to 6 years

Penalties and Fines:

  • First Offense: $150 to $1,000
  • Second Offense: $400 to $3,000
  • Third Offense: $900 to $5,000
  • Fourth Offense: $900 to $5,000

Penalty of License Suspension:

  • First Offense: 6 months
  • Second Offense: 2 years
  • Third Offense: 30 months
  • Fourth Offense: 4 years

Penalty of Ignition Interlock Device:

For each and every offense, an Igniton Interlock Device, or IID, is required to accompany you in each and every day on your vehicle and without exception.


It is important to note that laws often change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State, and each may choose to enforce the laws in different ways, it will be very important to prepare for the unexpected. For this reason, it would be in your best interest to secure the services of an experienced and professional lawyer who is well versed in Arkansas DUI laws and capable of giving you the direction you need for your specific case, along with being fully aware of the current laws pertaining to DUI. 


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