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When someone is arrested for driving while intoxicated (DWI) in Arkansas, one of the first questions that comes up is whether the charge is considered a felony or a misdemeanor. The answer isn’t always straightforward. In Arkansas, a DWI can be either, depending on the number of prior offenses and specific circumstances surrounding the arrest.
Arkansas uses the term DWI, not DUI, and classifies DWI offenses under a tiered system that escalates penalties over time. Most DWI charges begin as misdemeanors, but repeat offenses can cross the line into felony territory, bringing much more severe consequences. Understanding where that line is—and how it’s determined—is essential for anyone trying to understand Arkansas DWI laws.
This article explains how Arkansas classifies DWI offenses, how misdemeanors differ from felonies, when a DWI becomes a felony, and how state-specific rules affect arrests and penalties. It also clarifies how criminal classifications interact with administrative penalties, such as license suspension, and why Arkansas handles these cases the way it does.
This content is purely educational and informational. It does not provide legal advice and is intended to help readers understand how DWI classifications work under Arkansas law.
How Arkansas Classifies DWI Offenses
Arkansas law classifies DWI offenses based primarily on the number of prior DWI convictions within a specific time frame. The state uses a five-year lookback period, meaning prior offenses within the past five years are counted when determining whether a DWI is charged as a misdemeanor or a felony.
Here’s the general classification framework:
- First DWI: Misdemeanor
- Second DWI (within 5 years): Misdemeanor
- Third DWI (within 5 years): Misdemeanor
- Fourth or subsequent DWI (within 5 years): Felony
This structure reflects Arkansas’s graduated penalty system. The state treats early offenses as misdemeanors but increases punishment with each additional conviction. Once a person reaches a fourth offense within the lookback period, the charge is elevated to a felony due to the pattern of repeated impaired driving.
It’s important to note that classification depends on convictions, not just arrests. However, administrative penalties—like license suspension—may still apply even before a conviction occurs.
Misdemeanor DWI Charges in Arkansas
Most DWI cases in Arkansas are classified as misdemeanors, especially for individuals with no prior convictions or only one or two past offenses. Even as misdemeanors, these charges are treated seriously and carry mandatory penalties.
First-Offense DWI (Misdemeanor)
A first DWI in Arkansas is a Class A misdemeanor and includes:
- Mandatory jail time (minimum 24 hours)
- Fines and court costs
- License suspension
- Alcohol education or treatment requirements
Despite being a misdemeanor, a first DWI still results in a criminal record and triggers administrative penalties through the Office of Driver Services.
Second-Offense DWI (Misdemeanor)
A second DWI within five years remains a misdemeanor but includes:
- Mandatory jail time (minimum 7 days)
- Higher fines
- Longer license suspension
- Increased monitoring and compliance requirements
Judicial discretion is more limited at this stage, and penalties escalate quickly.
Third-Offense DWI (Misdemeanor)
A third DWI within five years is still technically a misdemeanor but is treated as a serious repeat offense. Penalties often include:
- Mandatory jail time of at least 90 days
- Substantially higher fines
- Extended license suspension
- Mandatory ignition interlock requirements
At this point, courts view the offense as a clear pattern of impaired driving behavior, even though it has not yet crossed into felony classification.
When a DWI Becomes a Felony in Arkansas
A DWI becomes a felony in Arkansas at the fourth offense within five years. This is a critical threshold in the state’s DWI framework.
Fourth-Offense DWI (Felony)
A fourth DWI within the five-year lookback period is classified as a Class D felony. This shift dramatically changes the legal consequences and long-term impact of the charge.
Felony-level consequences may include:
- Prison sentence (not county jail)
- Long-term or extended license revocation
- Higher fines and mandatory fees
- Felony criminal record
- Additional restrictions on civil rights
Once a DWI is classified as a felony, the case is typically handled in circuit court rather than district court, and sentencing guidelines become significantly stricter.
Fifth and Subsequent Offenses
Fifth and subsequent DWI offenses remain felonies and may carry even longer prison sentences and more severe administrative penalties. Each additional conviction increases the severity of sentencing exposure and long-term consequences.
How the Five-Year Lookback Period Works
Arkansas’s five-year lookback period is central to determining whether a DWI is charged as a misdemeanor or felony. The lookback period measures the time between conviction dates, not arrest dates.
Key points about the lookback system:
- Only convictions within the past five years count
- Older convictions outside the window may not elevate the charge
- Administrative records may still reflect older offenses
- The lookback applies uniformly statewide
For example, if a driver has three prior DWI convictions, but one occurred more than five years ago, the current charge may still be treated as a misdemeanor rather than a felony.
This system creates a clear dividing line but also means timing plays a significant role in classification.
Criminal Classification vs Administrative Penalties
Whether a DWI is a misdemeanor or felony affects criminal sentencing—but administrative penalties apply regardless of classification.
Arkansas separates DWI consequences into two systems:
- Criminal penalties: Handled by the courts
- Administrative penalties: Handled by the Office of Driver Services
Even misdemeanor DWIs trigger:
- Automatic license suspension
- Ignition interlock requirements
- SR-22 insurance filings
- Reinstatement fees
Felony DWIs increase the severity and duration of these administrative penalties, but they do not replace them. Instead, administrative penalties are layered on top of criminal consequences.
This dual-track system is why a person may lose driving privileges even if their criminal case is still pending.
How Arrest Circumstances Can Affect Classification
While the number of prior offenses is the main factor in felony classification, arrest circumstances can still influence how a DWI case proceeds and how penalties are applied.
Factors that may affect sentencing severity include:
- Extremely high blood alcohol concentration (BAC)
- Refusal to submit to chemical testing
- Involvement in a crash
- Presence of a minor in the vehicle
- Driving on a suspended license
These factors do not automatically turn a misdemeanor DWI into a felony, but they can result in enhanced penalties, longer jail time, and stricter administrative conditions.
In felony cases, aggravating circumstances may influence the length of prison sentences and post-release restrictions.
Long-Term Impact of Felony vs Misdemeanor DWI
The difference between a misdemeanor and felony DWI goes far beyond jail or prison time. The long-term consequences vary significantly.
Misdemeanor DWI Impact
- Criminal record
- Increased insurance premiums
- License suspension
- Employment background checks
- SR-22 insurance requirements
Felony DWI Impact
- Permanent felony record
- Loss of certain civil rights
- Difficulty obtaining housing or employment
- Higher insurance costs for extended periods
- Restrictions on professional licensing
- Possible travel limitations
Felony convictions often carry consequences that last well beyond the completion of sentencing requirements.
How Arkansas Compares to Other States
Arkansas is relatively strict compared to some states but more lenient than others when it comes to felony DWI classification.
Key comparisons:
- Some states classify a third DWI as a felony
- Others use longer lookback periods (10 years or lifetime)
- Arkansas uses a fourth offense within five years
This approach reflects a balance between deterrence and progressive enforcement. Arkansas focuses on repeated behavior within a short time frame rather than lifetime offense counts.
Understanding this state-specific framework is critical when comparing Arkansas DWI laws to those of neighboring states.
FAQ About Felony vs Misdemeanor DWI in Arkansas
Q: Is a first DWI a felony in Arkansas?
No. A first DWI is a misdemeanor.
Q: When does a DWI become a felony?
A DWI becomes a felony at the fourth offense within five years.
Q: Are all felony DWIs handled in prison?
Felony DWIs carry prison eligibility, but sentencing depends on the case and court.
Q: Does refusing a breath test make a DWI a felony?
No, but refusal triggers separate administrative penalties and can worsen outcomes.
Q: Can a misdemeanor DWI be expunged?
Some misdemeanor records may be eligible for sealing, but eligibility varies.
Q: Does a felony DWI affect voting rights?
Felony convictions may affect certain civil rights until conditions are restored.
Q: Do out-of-state DWIs count?
Out-of-state convictions may be considered, depending on how they align with Arkansas law.
Conclusion
In Arkansas, a DWI can be either a misdemeanor or a felony depending on the number of prior offenses within a five-year period. Most DWIs begin as misdemeanors, but repeat convictions quickly escalate the charge into felony territory, bringing far more serious consequences. Understanding where that threshold lies—and how Arkansas applies its laws—helps clarify what drivers may face after an arrest.
For a broader overview of how impaired driving laws vary nationwide, explore our complete guide to state-by-state DWI laws. To better understand how Arkansas-specific rules shape arrests, classifications, and penalties, see our detailed explanation of how state DWI laws affect arrests and penalties.