Driving. “Driving,” as it relates to a DWI, refers to the operation or actual physical control over a vehicle (including all-terrain vehicles and motorboat). While operation is self-explanatory (it refers to actual driving), “actual physical control” does not require a running engine or a vehicle in motion—the driver just needs to have the ability to exert control over the vehicle.
Intoxicated. For purposes of Arkansas’s DWI laws, “intoxicated” means the person has a blood alcohol concentration (BAC) of .08% or greater or the person’s reaction and motor skills are substantially altered as the result of ingesting alcohol, a controlled substance, or any other intoxicant.
The amount of alcohol a person must consume to be over the legal BAC limit depends on a number of factors such as gender, the person’s body type, and the type of drinks consumed.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | 24 hours to 1 year (minimum 7 days if minor under 16 years old present) |
7 days to 1 year (minimum 30 days if minor under 16 years old present) | 90 days to 1 year (minimum 120 days if minor under 16 years old present) |
| Fines | $150 to $1,000 |
$400 to $3,000 | $900 to $5,000 |
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