DUI Lawyer in Bentonville, AR

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

Arkansas uses both DUI and DWI, but they aren’t interchangeable. Under A.C.A. § 5-65-103, DWI applies to drivers 21 and older with a blood alcohol concentration (BAC) of 0.08% or higher. DUI, governed by A.C.A. § 5-65-303, applies to drivers under 21 with a BAC between 0.02% and 0.08%. DUI is a strict-liability offense, meaning no proof of actual impairment is required beyond the BAC threshold itself. A driver under 21 who tests at 0.08% or above can be charged under the adult DWI statute.

The distinction also matters because Arkansas law restricts plea bargaining on impaired driving charges. You can’t simply negotiate a DWI down to a lesser offense as a matter of course. That restriction makes the strength of the defense more important from the outset. If the evidence is challenged and weakened, the case outcome can change. If it isn’t, the conviction can stand as charged.

The 7-Day Hearing Deadline After a DWI Arrest in Arkansas

Under Arkansas law, you have 7 days from the date of your DWI arrest to request an administrative hearing to contest the driver’s license suspension. Missing that deadline results in automatic suspension. This is one of the most important actions to take immediately after an arrest.

Reinstating a suspended license after a DWI conviction requires completing several steps: finishing a state-sanctioned drug and alcohol education program through a provider specific to your court, attending a MADD Victim Impact Panel class, having an ignition interlock device installed and maintained for a minimum of 6 months, and paying a $150 reinstatement fee to Driver Control.

Suspension lengths vary by offense: 6 months for a first DWI, 24 months for a second offense within 5 years, and 30 months for a third offense within 5 years. A fourth conviction triggers a 4-year license revocation with no restricted license available. Chemical test refusal carries its own suspension schedule under Arkansas’s implied consent law (A.C.A. § 5-65-202): a first refusal results in a 180-day suspension, and a second refusal within 5 years results in a 2-year suspension.

What Is Probable Cause in a DWI Traffic Stop?

Law enforcement generally must have probable cause or reasonable suspicion to initiate a traffic stop. Common reasons for DWI stops in Benton County include crossing the center line, failure to signal, speeding, and equipment violations such as non-functioning brake lights or a burned-out license plate light. If the stop itself was unconstitutional, the court can suppress all evidence gathered during it.

Once an officer makes contact with the driver, the officer begins documenting observations to justify further investigation and to support a finding of intoxication in the arrest report. Officers often ask directly if a driver has been drinking and how much. Contrary to popular belief, these questions do not require the driver to be read their Miranda rights. Depending on the observations and answers, a DWI investigation follows.

Observations commonly cited in reports include:

• Bloodshot, watery eyes
• Slurred speech
• Odor of alcohol
• “Fumbling” with requested documents such as insurance, driver’s license, and registration
• Trouble answering questions

Standardized Field Sobriety Tests in Arkansas DWI Cases

Standardized Field Sobriety Tests (SFSTs) are a set of three tests designed by the National Highway Traffic Safety Administration (NHTSA) to identify drivers statistically likely to test above 0.08% BAC. The word “standardized” is the key: every test must be administered the same way, every time, or the results lose their reliability. That requirement is also one of the most common sources of challenge in DWI defense.

I attended the same multi-day NHTSA SFST certification program that law enforcement officers attend. I can tell you from that training exactly what the protocols require and exactly where officers, especially those who’ve been in the field for years, commonly drift from those standards.

The three standardized field sobriety tests:

• Horizontal Gaze Nystagmus Test: Nystagmus is the involuntary jerking of the eye associated with alcohol consumption, among other causes. The test checks for clues in each eye using a specific number of passes. There are 6 possible clues total; 4 or more constitutes a failing score.
• Walk and Turn Test: The subject takes 9 heel-to-toe steps, executes a turn using small steps, and returns with 9 more heel-to-toe steps. There are 8 possible clues; 2 or more is a fail.
• One Leg Stand: The subject stands on one foot with the other raised approximately 6 inches off the ground, toe pointed forward, for approximately 30 seconds. There are 4 observable clues; 2 or more is a fail.

These tests are designed to indicate statistical likelihood, not to prove impairment as a fact. When the protocol isn’t followed precisely, the reliability of the results is undermined and the basis for challenging them in court strengthens considerably.

Statement of Rights & Chemical Testing

After a DWI arrest, the officer must read the suspect a Statement of Rights form advising them of their right to refuse a chemical test. Refusal is itself an additional charge, but it remains a legal right. If the suspect consents to a test of their blood, breath, urine, or saliva, they have the right to obtain an independent second test at their own expense. Law enforcement must assist them in obtaining it.

Chemical tests must be performed according to a specific set of rules and regulations. Failure to properly obtain the sample or to assist the suspect in getting a second test when requested can result in those test results being excluded as evidence. Errors in the advisement of rights or in chemical test procedures have affected the outcome in many Arkansas DWI cases. If you were arrested for DWI, ask your attorney to examine every step of this process carefully.

How Long Does a DWI Stay on Your Record in Arkansas?

A DWI or DUI conviction in Arkansas stays on your record permanently. There’s no provision for automatic sealing or wiping of the conviction after any length of time.

For the purpose of computing the seriousness of a subsequent charge and the sentence that may be imposed, a prior DWI counts within a 5-year window from the date of the prior offense. If you receive another DWI within five years of the first, it will be treated as a subsequent offense with escalating penalties.

How Do You Get a DUI off Your Record in Arkansas?

You can get a DWI or DUI expunged in Arkansas. You can petition the court of your conviction for an expungement, whether the charge was a felony or a misdemeanor. A judge may not deny a petition for expungement unless there is “clear and convincing evidence” that it should not be granted.

Keep in mind that you must wait five years from the completion of your sentence before you can petition to expunge and seal your Arkansas conviction.

To speak with me directly about your DWI or DUI case, call (479) 777-0640 or contact me online today. The consultation is free, confidential, and carries no obligation to hire.