DWI 2nd Offense in Arkansas: Penalties, Fines, and License Suspension

A 2nd offense DWI in Arkansas carries a mandatory minimum of seven days in jail, fines between $400 and $3,000, a 24-month license suspension, and a required ignition interlock device on every vehicle you drive. The criminal court and the Office of Driver Services act on separate tracks, and they use different look-back periods to decide whether your prior counts. That distinction shapes almost everything else about the case.

Two Different Look-Back Periods

Arkansas runs two clocks when deciding how to treat a repeat DWI. Under Arkansas Code 5-65-111, a prior counts for criminal sentencing if the current offense happened within ten years of the first offense, measured offense date to offense date rather than conviction dates.1Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception

For license suspension under Arkansas Code 5-65-104, the Office of Driver Services uses a shorter five-year window. The 24-month suspension applies only if the current offense falls within five years of the first.2FindLaw. Arkansas Code 5-65-104 – Suspension or Revocation of Driving Privilege If your first DWI was six years ago, you face the harsher criminal penalties as a second offense, but the suspension may be administered as a first. Flip it the other way and a prior from eight years back means the same mandatory jail time as any other second offender, with lighter administrative consequences.

Jail Time and Community Service

A second DWI within the ten-year criminal window is an unclassified misdemeanor. The mandatory minimum is seven days in jail; the maximum is one year. A judge cannot sentence below seven days. If a child under 16 was in the vehicle, the minimum rises to 30 days, with the same one-year cap.1Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception

A judge can substitute community service, but the terms are longer than the jail terms they replace. The minimum community service is 30 days without a minor passenger, 60 days with one.1Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception The judge must put the reasons for choosing community service in writing. Suspended sentences and probation can cover other parts of the sentence, but the mandatory days must either be served or converted to community service. There is no third option.

Fines

Fines for a second DWI run from $400 to $3,000 under Arkansas Code 5-65-112. Court costs and administrative surcharges are added on top, and they vary by county. The total out-of-pocket usually runs higher than the base fine alone.

License Suspension

A second conviction within the five-year administrative window triggers a 24-month suspension by the Office of Driver Services.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses The suspension is administrative and moves on its own schedule, so it can take effect while the criminal case is still pending.

Out-of-state DWIs count too. Under Arkansas Code 5-65-104, convictions from other states within the five-year window count toward repeat-offender status for suspension purposes.2FindLaw. Arkansas Code 5-65-104 – Suspension or Revocation of Driving Privilege Moving to Arkansas does not wipe a prior conviction from another state.

Ignition Interlock Device

Arkansas Code 5-65-118 requires anyone convicted of a second DWI to install an ignition interlock device on every vehicle they drive.4Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices The device tests your breath before the engine will start and again at intervals while you drive. Alcohol on the sample keeps the vehicle from starting or logs a violation.

The interlock requirement runs the length of the suspension. For a second offense, that is two years with the device.4Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices It is also the only way to get a restricted license permitting limited driving during the suspension. Without one, you cannot legally drive at all for the full 24 months.

Installation typically runs $70 to $150, with monthly monitoring fees of $60 to $80. Over two years, the interlock alone can reach $1,500 to $2,000.

Getting Your License Back

Reinstatement is not automatic when the 24 months end. Miss any of these steps and your license stays suspended.

  • Complete a state-approved drug and alcohol education or treatment program, starting with a substance abuse assessment that determines whether basic education or more intensive treatment is required, and submit the original signed completion certificate to Driver Control.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses
  • Attend a Victim Impact Panel run by a program approved by the Division of Aging, Adult, and Behavioral Health Services, as required by Arkansas Code 5-65-121, and submit the completion certificate to Driver Control.5Justia. Arkansas Code 5-65-121 – Victim Impact Panel Attendance
  • Pay the $150 reinstatement fee to the Department of Finance and Administration, in person at a State Revenue Office, by mail, or online.6Arkansas Department of Finance and Administration. Refusals
  • Obtain SR-22 high-risk insurance and maintain it for up to three years. SR-22 is a certificate your insurer files with the state proving you carry the required liability minimums, not a separate policy. Premiums typically climb sharply.
  • If your license was revoked rather than suspended, pass all phases of the Arkansas driver’s license exam before restoration.

Refusing the Chemical Test

Arkansas has an implied consent law: by driving on Arkansas roads, you have already agreed to a breath, saliva, or urine test if arrested for DWI. Refusing carries its own penalties on top of the DWI itself.

A second refusal within five years brings a two-year suspension, running as a separate administrative action from the DWI suspension.7Justia. Arkansas Code 5-65-205 – Refusal to Submit to a Chemical Test A third refusal within five years brings a three-year revocation, and a fourth brings a lifetime revocation. Refusal does not stop the DWI prosecution; officers can still testify to their observations and to field sobriety results.

CDL Holders

For commercial drivers, a second DWI is career-ending in most cases. Federal law requires lifetime disqualification from operating a commercial motor vehicle after a second alcohol-related driving offense, and it does not matter whether the offense happened in a commercial vehicle or a personal car.8GovInfo. 49 USC 31310 – Disqualifications

States may allow reinstatement after 10 years if the driver voluntarily completes an approved rehabilitation program, but reinstatement is discretionary.9eCFR. 49 CFR 383.51 – Disqualification of Drivers A driver reinstated after a lifetime disqualification who picks up another alcohol-related conviction is permanently barred with no further reinstatement possible.

What It All Costs

The financial hit goes well beyond the fine. A realistic breakdown:

  • Court fines and fees: $400 to $3,000 in base fines, plus court costs and surcharges.
  • Defense attorney: $3,000 to $25,000 depending on complexity and whether the case goes to trial.
  • Ignition interlock device: $1,500 to $2,000 over the two-year requirement.
  • Substance abuse assessment and treatment: $100 to $350 for the assessment; treatment costs vary with the level of care.
  • SR-22 insurance: premium increases of several hundred to several thousand dollars a year, for up to three years.
  • Reinstatement fee: $150.
  • Lost income: at least seven days of jail, plus court dates, treatment sessions, and the loss of driving during suspension.

Added up, a second DWI in Arkansas commonly runs $10,000 to $30,000 or more across the suspension and probation period. For CDL holders, the lifetime earnings loss from a disqualified commercial license eclipses that figure entirely.