DUI/DWI

If you’ve been arrested for DWI or DUI in Arkansas, you're likely overwhelmed and unsure of what to do next. At Taylor Law Partners, we help drivers across Northwest   Arkansas understand their rights, navigate the court system, and fight for favorable outcomes in drunk driving cases.

In this article, we explain the difference between DWI and DUI under Arkansas law, what to expect if you're pulled over, and what steps to take after an arrest.

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The terms DWI and DUI are often used interchangeably, but Arkansas law makes a clear distinction between the two, based primarily on age and blood alcohol concentration (BAC).

DWI – Driving While Intoxicated

• Applies to drivers age 21 and older
• BAC of 0.08% or higher OR any level of impairment due to alcohol, drugs, or controlled substances
• Criminal charge (misdemeanor or felony)
• Statute: Ark. Code Ann. § 5-65-103

First-Offense DWI Penalties in Arkansas:

• Up to 1 year in jail
• $150–$1,000 fine
• 6-month driver's license suspension
• Mandatory alcohol education program
• Possible ignition interlock device (IID)

DUI – Driving Under the Influence (Underage Drivers)

• Applies to drivers under 21 years old
• BAC of 0.02% or higher
• Treated less severely but still carries serious consequences
• Statute: Ark. Code Ann. § 5-65-303

First-Offense DUI Penalties (Under 21):

• $100–$500 fine
• Community service
• 90-day license suspension
• Mandatory alcohol education

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Pulled Over for Suspected DWI/DUI in Fayetteville? Here’s what to do:

If you’re stopped on suspicion of drunk driving in Fayetteville or anywhere in Arkansas, follow these steps to protect yourself:

1. Stay Calm & Compliant

• Be polite. Keep your hands visible. Don't argue with the officer.

   2. Know Your Rights

• You are not required to answer questions like “Have you been drinking?” Say:
  “I’d like to speak with my attorney before answering any questions.”

   3. Field Sobriety Tests Are Voluntary

• You can refuse roadside sobriety tests in Arkansas without automatic penalties.

   4. Understand the Implied Consent Law

• If you refuse a breath or blood test, the Arkansas Office of Driver Services will suspend your license—even if you are not convicted. 
• Statute:  Ark. Code § 5-65-202

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What You Need to Know: