Is a DWI a felony in Arkansas?
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On a fourth inside ten years, counted from the first. Arkansas measures its window from the first offense rather than from the previous one, which changes who is a fourth offender. The child-passenger uplift runs through every step of the ladder: seven days become thirty on a second, and the felony floor moves from one year to two.
Written any number of ways — a 3rd DWI, a DWI 3rd, a felony DWI, or simply a DWI in AR — and the paperwork will use none of them. Arkansas charges it under a section number, and that is what decides the range below.
Grade. Unclassified felony
Confinement. 1 to 6 years, or 2 to 6 with a child under 16
Fine. Set by the sentencing statute
Arkansas Code § 5-65-111 · Ark. Code § 5-65-111(b)(1), (d) · checked 2026-09-04
The facts that make a DWI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A passenger under sixteen | Every floor on the ladder rises | Seven days become thirty on a second offense, and one year becomes two on the fourth. Arkansas applies the uplift by rewriting the minimum at each step rather than by adding a separate charge. Arkansas Code § 5-65-111 · Ark. Code § 5-65-111(b)(1)(B), (d)(2) · checked 2026-09-04 |
The device is a separate track
Arkansas ties the device to the suspension one for one: the state requires an interlock installed for a period equal to your license suspension, and you file a Confirmation of Interlock Requirement with Driver Control. Reinstatement also needs a drug and alcohol education or treatment program, a Victim Impact Panel and a $150 fee.
In Arkansas the interlock term runs Length of suspension and is administered by Arkansas Office of Driver Services (Department of Finance and Administration) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Arkansas Office of Driver Services (Department of Finance and Administration)
Arkansas DWI questions
Is a DWI a felony in Arkansas?
On a fourth inside ten years, counted from the first. Arkansas measures its window from the first offense rather than from the previous one, which changes who is a fourth offender. The child-passenger uplift runs through every step of the ladder: seven days become thirty on a second, and the felony floor moves from one year to two. A passenger under sixteen: every floor on the ladder rises.
What does a 3rd DWI in Arkansas carry?
Unclassified felony: 1 to 6 years, or 2 to 6 with a child under 16, and a fine of set by the sentencing statute. The range is set by Ark. Code § 5-65-111(b)(1), (d), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Arkansas?
A passenger under sixteen — every floor on the ladder rises.
Does an interlock come with it in Arkansas?
Arkansas ties the device to the suspension one for one: the state requires an interlock installed for a period equal to your license suspension, and you file a Confirmation of Interlock Requirement with Driver Control. Reinstatement also needs a drug and alcohol education or treatment program, a Victim Impact Panel and a $150 fee. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Arkansas Office of Driver Services (Department of Finance and Administration).
Other steps in Arkansas: first offense penalties and second offense penalties.
All Arkansas DWI rules →Penalties across the states →Arkansas DUI lawyers →Getting the license back →
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