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Arkansas · When it becomes a felony

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.

What the statute sets

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

Every route in

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 factWhat it makes itDetail and source
A passenger under sixteenEvery floor on the ladder risesSeven 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 other half of the sentence

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)

Speak to a Arkansas DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Arkansas.

Asked constantly

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 →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.