If you've been pulled over for suspected drunk or drugged driving in Arkansas, you might hear the terms DUI and DWI — sometimes interchangeably. But under Arkansas law, these two charges have distinct legal meanings and penalties. Understanding the difference can make a major impact on your case — and your future.

At Jensen Young & Butler, PLLC, our experienced DUI and DWI attorneys in Benton defend clients across Central Arkansas, including Little Rock, Bryant, and Hot Springs.

What’s the Difference Between DUI and DWI in Arkansas?

DWI (Driving While Intoxicated)

A DWI in Arkansas typically refers to adult drivers (21 and older) operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. It can also apply if you're impaired by drugs (prescription or illegal) or refuse a chemical test.

Key facts about DWI in Arkansas:

• Applies to alcohol or drug impairment
  
• Standard for adult drivers is 0.08% BAC
  
• Carries harsher penalties than DUI

DUI (Driving Under the Influence)

A DUI charge in Arkansas is typically reserved for drivers under the age of 21 with a BAC of 0.02% or higher — known as a “zero tolerance” policy. It’s considered a lesser offense than DWI but can still result in serious consequences.

Penalties for DWI in Arkansas

DWI penalties vary depending on prior offenses, BAC level, and whether any aggravating factors (like injury or child passengers) are present. For a first offense, penalties may include:

• Up to 1 year in jail
  
• Fines up to $1,000
  
• Driver’s license suspension (6 months or more)
  
• Mandatory alcohol education or treatment

Subsequent offenses result in increased jail time, longer license suspensions, and the possibility of an ignition interlock device being installed on your vehicle.

Penalties for DUI (Under 21)

Although DUI is typically treated as a misdemeanor, it can still carry lasting consequences:

• Fines and court costs
  
• Community service
  
• Mandatory alcohol education
  
• Driver’s license suspension
  
• Even one underage DUI can affect college applications, scholarships, and job prospects.

Refusing a Chemical Test: What Happens?

Arkansas has an Implied Consent Law, meaning that if you're lawfully arrested for DWI or DUI and refuse to take a breath or blood test, your license may be automatically suspended — even if you’re not convicted.

You have the right to appeal the suspension, but the clock starts ticking immediately. This is one reason to speak with a DWI lawyer in Benton or Little Rock as soon as possible.

Long-Term Consequences

Both DUI and DWI convictions can show up on background checks and lead to:

• Higher insurance premiums
  
• Difficulty finding employment
  
• Restricted travel to some countries
  
• Problems in child custody or family law cases

Do You Need a DUI or DWI Attorney in Arkansas?

Yes — and quickly. Whether you’re facing your first DWI or a repeat offense, legal guidance can make the difference between a reduced charge and serious long-term penalties.

At JYB Law, we:

• Analyze the legality of the traffic stop
  
• Challenge flawed chemical tests
  
• Represent you in administrative license hearings
  
• Negotiate plea deals or fight for dismissal when appropriate

Call JYB Law for Trusted DWI & DUI Defense



If you’ve been charged with DUI or DWI in Benton, Little Rock, or anywhere in Central Arkansas, don’t navigate the system alone. Our attorneys will fight to protect your rights, your license, and your future.