Attorney reviewed by Brad Carlton. Last reviewed July 15, 2026.
An Arkansas DWI arrest can create two related but distinct problems: a criminal prosecution and an administrative driver-license matter. The evidence, issues, procedures, and deadlines may differ, so the documents received during and after the arrest should be reviewed promptly.
What matters now
- Keep the citation, temporary permit, testing paperwork, property receipt, release documents, and court notice together.
- Write down what you remember while events are fresh, including the reason given for the stop, instructions, testing sequence, timing, medications or medical conditions, and witnesses.
- Preserve photographs, video, receipts, location history, and communications that already exist.
- Follow release, interlock, testing, and driving restrictions unless a court or responsible agency changes them.
- Do not drive if your privilege is suspended or revoked.
This checklist is general. Follow the documents and orders issued in your matter.
The two-track DWI process
| Track | Main question | Examples of issues |
| Criminal case | Can the prosecution prove the charged offense in court? | Stop and arrest grounds, observations, field tests, chemical testing, statements, video, witnesses, and admissibility |
| Administrative license matter | Should the Office of Driver Services suspend, revoke, disqualify, or deny driving privileges? | Reasonable grounds, arrest, test result or refusal, warnings, collection procedures, and testing compliance |
The Arkansas Department of Finance and Administration explains that an administrative hearing may address whether the officer had reasonable grounds, whether the person was operating or in actual physical control, whether a test was refused, whether required warnings were given, and whether testing procedures met applicable criteria. The scope depends on whether the action is based on a test result or refusal.
The administrative hearing is not the criminal trial. A result in one track should not be assumed to decide the other without legal review.
What evidence may matter in a DWI case?
Depending on the facts, an attorney may evaluate:
- The stated basis for the traffic stop or police contact
- Driving observations and body-camera, dashboard-camera, surveillance, or other video
- Statements by the driver and witnesses
- Instructions and administration of field sobriety exercises
- Breath, blood, urine, or other testing records
- Device maintenance, calibration, certification, and operator records when applicable
- Collection timing, chain of custody, storage, and laboratory procedures
- Medications, health conditions, injury, fatigue, footwear, weather, lighting, and road conditions
- Whether the person was driving or in actual physical control
Listing a possible issue does not mean it exists in every case or that evidence will be excluded.
What happens after a chemical-test refusal?
Arkansas DFA identifies refusal as a separate administrative matter under Arkansas Code § 5-65-205. As of July 15, 2026, DFA lists the following refusal suspension or revocation periods:
| Refusal history described by DFA | Listed administrative consequence |
| First offense | 180-day suspension |
| Second offense within five years | 24-month suspension |
| Third offense within five years | Three-year revocation |
| Fourth offense within five years | Lifetime revocation |
These figures require final attorney verification against the current statute, the person’s actual history, and the notice issued in the case. Other requirements or consequences may apply.
Can DWI evidence be challenged?
Evidence can be examined for legal admissibility, reliability, accuracy, and completeness. A supported challenge might concern the stop, detention, arrest, warnings, testing process, video, witness account, chain of custody, or compliance with required procedures. The existence of a possible challenge does not guarantee suppression, dismissal, reduction, or acquittal.
Frequently asked questions
Is the driver-license case separate from the criminal case?
Yes, Arkansas provides an administrative process through the Office of Driver Services in addition to the criminal proceeding. The issues and standards are not identical. Review the arrest and license paperwork promptly because administrative deadlines may be short.
What if the alleged impairment involved drugs or medication rather than alcohol?
The evidence and testing may differ, but Arkansas DWI matters can involve alcohol, controlled substances, other intoxicants, or combinations. A prescription does not automatically resolve whether driving was impaired. The particular substance, dose, timing, observations, testing, and medical evidence may matter.
Can I keep driving?
That depends on the current status of the license, the notice issued, eligibility requirements, and any court or agency order. Do not assume that a court date, temporary document, interlock installation, or hearing request automatically authorizes driving. Confirm the current status and applicable conditions.
Will a first DWI be dismissed?
No result can be predicted from the offense number alone. The outcome depends on the admissible evidence, applicable law, criminal history, negotiations, motions, and court findings.
Request a confidential DWI case review
Horton Law accepts Arkansas DWI and test-refusal matters, subject to a conflict check and case evaluation. Contact the firm at 866-525-8270 or use the website contact form. Provide your citation, license notice, release paperwork, testing documents, and next court date so Brad Carlton or another lawyer with the firm can determine what requires attention.
General information only; not legal advice. Laws and procedures change, and exceptions may apply. Viewing this page or contacting the firm does not by itself create an attorney-client relationship.
Visible source links
- Arkansas DFA, DUI/DWI Administrative Hearing
- Arkansas DFA, Refusals
- Current Arkansas Code §§ 5-65-103, 5-65-205, and any other provisions confirmed by reviewing counsel