DWI vs. DUI in Arkansas: What’s the Difference and What Are the Penalties?

Hayley Evans
Mar 9
3 min read

Getting pulled over for impaired driving in Arkansas can change your life in minutes. Many drivers hear “DUI” and “DWI” used interchangeably, but Arkansas law treats them differently depending on a driver’s age and alcohol concentration.

This guide explains Arkansas DUI vs. DWI laws, common penalties, and what to do if you’re arrested in Fort Smith or anywhere in Arkansas.

Police officer stops a car, checks driver's documents. Sunlit day, red and blue lights flashing. Officer wears sunglasses, serious mood.

What is the difference between DWI and DUI in Arkansas?

DWI (Driving or Boating While Intoxicated – generally age 21+)

Arkansas’s primary impaired-driving offense is DWI under Ark. Code § 5-65-103. A person commits DWI if they operate (or are in actual physical control of) a motor vehicle or a motorboat when:

their alcohol concentration is 0.08% or higher (breath or blood), or
they are impaired by alcohol, drugs, or a combination of both.

DUI (Driving or Boating Under the Influence While Underage – under 21)

Arkansas has a separate underage DUI law (sometimes called “zero tolerance”).

Under Ark. Code § 5-65-303, an underage person commits DUI if they operate (or are in actual physical control of) a motor vehicle or motorboat while:

impaired by the influence of alcohol, or
their alcohol concentration is 0.02% but less than 0.08%, as shown by a chemical test (breath, blood, urine, or saliva).

Arkansas DWI and DUI penalties

First-offense DWI penalties (general overview)

Penalties depend on facts like prior offenses, test results, and whether aggravating factors are present. For a first DWI conviction, Arkansas law generally provides:

Jail: at least 24 hours and up to 1 year
Fines: commonly described as $150 to $1,000, plus court costs and fees
License suspension: an administrative suspension process through the

Office of Driver Control, which is separate from a criminal case in court

Ignition interlock requirements

Arkansas law authorizes an ignition interlock restriction for individuals who violate the DWI statute, unless a statutory exception/waiver applies.

Interlock rules are administered through the Office of Driver Control.

What happens after a DWI or DUI arrest?

Administrative vs. criminal penalties

Arkansas impaired-driving cases often involve two separate cases:

Criminal case in court (where guilt and criminal punishment are decided), and
Administrative license suspension through the state (which will affect driving privileges before the court case is finished).

Your legal rights during a traffic stop/ DWI or DUI investigation

You generally have the right to:

Remain silent beyond required identification/driver documentation
Request an attorney
Decide whether to perform field sobriety tests (refusing may still have consequences, including being used as evidence)
Understand that chemical testing (breath/blood/urine/saliva) is governed by Arkansas’s implied-consent laws; refusal can trigger license suspension and an additional refusal offense in some situations

Why you need a DWI/DUI lawyer

A defense attorney can evaluate whether the stop and arrest were lawful and whether the state can prove impairment due to alcohol or a controlled substance beyond a reasonable doubt. Here at Votaw Law, your attorney will:

Challenge the legality of the traffic stop or detention if there is any question about an officer’s probable cause for the traffic stop or request to perform field sobriety tests
Review breath/blood testing procedures and chain-of-custody issues
Cross-examine field sobriety evidence and officer observations