What is the minimum jail time for a first DUI?

In Arkansas, the minimum jail time for a first offense is 24 hours and the maximum is 1 year [§ 5-65-103]. Actual time served depends on the facts and circumstances.

How much does a DUI cost in total?

The statutory fine range for a first offense is $150 to $1,000 [§ 5-65-103], but the total cost is substantially higher when you include surcharges, court costs, substance abuse programs, IID installation and monitoring fees, increased insurance premiums, and attorney fees.

When does DUI become a felony in Arkansas?

fourth offense within 5 years is a Class D felony [§ 5-65-103].

How far back do prior offenses count?

Arkansas uses a 5 years [def:lookback period] for determining how prior offenses affect sentencing [§ 5-65-103].

Topic guideUpdated 2026-02-27

Arkansas DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Arkansas escalate significantly with each subsequent offense and with aggravating factors like high BAC §5-65-103. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense §5-65-103

A first DUI in Arkansas is classified as a Class A misdemeanor.

Jail: 24 hours minimum to 1 year maximum
Fine: $150 to $1,000
License suspension: 180 days
Substance abuse program: alcohol education or treatment program required
Community service: court may order community service
Probation: available

Second offense

Jail: 7 days minimum to 1 year maximum
Fine: $400 to $3,000
License suspension: 24 months

Third and subsequent offenses

Jail/prison: 90 days minimum to 1 year maximum
Fine: $900 to $5,000
License suspension: 30 months
Felony threshold: fourth offense within 5 years is a Class D felony

Penalty comparison by offense tier

	Offense	Jail Range	Fine Range
First DUI	24 hours–1 year §5-65-103	$150–$1,000 §5-65-103	180 days §5-65-103
Second DUI	7 days–1 year §5-65-103	$400–$3,000 §5-65-103	24 months §5-65-103
Third DUI	90 days–1 year §5-65-103	$900–$5,000 §5-65-103	30 months §5-65-103

Lookback period

Arkansas uses a 5 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors

BAC ≥ 0.15 (enhanced penalties)
Child under 16 in vehicle
Prior offenses within 5-year lookback
DUI causing serious injury or death

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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