Arkansas

Administrative

Arkansas Administrative Per Se:  If you are stopped or arrested upon the probable cause for an alcohol or drug-related offense, the arresting law enforcement officer will give you an Official Driver’s License Receipt and take your driver’s license. This action is part of Arkansas Administrative Law. This license action is separate from any criminal charges you face related to your DWI arrest.

More information on DWI offenses can be found on the Arkansas Department of Finance and Administration website.

Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.

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Judicial

Arkansas Criminal Consequences: If you are convicted of a DWI in Arkansas, there are several penalties you may face. Those penalties are increased in Arkansas if there is a passenger under 16 years of age.

For the 1^st offense, you’re sentenced to 24 hours to one year in jail and fined $150 to $1,000 with a $300 court cost. Your license is suspended six months one month following the date of arrest. During this time, an interlock restricted license is available if there was no refusal to submit to a breath, blood or urine test following arrest. The license suspension is set aside if found not guilty.

For a 2^nd offense within a five-year period, you’re sentenced to seven days to one year in jail and fined $400 to $3,000. Your license is suspended for two years. The ignition interlock restricted license is available immediately and a work permit is available with the restricted interlock license.

For a 3^rd offense within a five-year period, you’re sentenced to 90 days to one year in jail and fined $900 to $5,000. Your license is suspended for 30-months and the ignition interlock restricted license is not available for the first 45 days of suspension. A work permit is available with the restricted interlock license.

For 4^th offense within a five-year period, you’re sentenced to one to five years in prison (public service may be ordered in lieu of jail.) and fined $900 to $5,000. Your license is revoked for four years (with no restricted permits) and your vehicle is forfeited if within a three-year period. There are no restricted permits.

For 5^th or subsequent offenses within a five-year period, you’re sentenced two to 10 years in prison (public service may be ordered in lieu of jail.) and fined $900 to $5,000. Your license is revoked for four years (with no restricted permits) and your vehicle is forfeited for a 4^th offense within a three-year period. There are no restricted permits.