DUI vs DWI: What’s the Difference in Arkansas?

If you were pulled over in Arkansas after drinking or using a substance, you may hear people use DUI and DWI like they mean the same thing. Under Arkansas law, they are different.

DWI, or driving while intoxicated, is the primary impaired-driving charge in Arkansas. It can apply when a person operates or is in actual physical control of a vehicle while intoxicated, or when their breath or blood alcohol concentration is 0.08 or higher. DUI, in Arkansas, usually refers to underage driving under the influence. It generally applies to drivers under 21 who have a blood or breath alcohol concentration of 0.02 but less than 0.08, or who are under the influence of alcohol or a similar intoxicant.

The charge affects the penalties, the license consequences, and the defense strategy. At The Graham Law Firm PLLC, we help people in Paragould and throughout Arkansas understand what they are facing and what can be done next.

What Is DWI in Arkansas?

In Arkansas, DWI stands for driving while intoxicated. Under Arkansas Code § 5-65-103, a person can be charged with DWI if they operate or are in actual physical control of a motor vehicle while intoxicated, or if their breath or blood alcohol concentration is 0.08 or higher.

DWI is not limited to alcohol. A person may also face a DWI charge if law enforcement claims they were impaired by drugs, prescription medication, or another intoxicating substance.

This means you do not have to feel “drunk” to be charged. The case may be based on a chemical test, officer observations, field sobriety tests, driving behavior, or a combination of evidence.

What Is DUI in Arkansas?

In Arkansas, DUI is most often used to describe underage DUI. A person under 21 can be charged with driving or boating under the influence while underage if they operate or are in actual physical control of a vehicle while under the influence of alcohol or a similar intoxicant, or with a blood or breath alcohol concentration of 0.02 but less than 0.08.

This lower limit reflects Arkansas’s approach to underage drinking and driving. A young driver may face legal consequences even when their BAC is well below the adult DWI threshold.

If a driver under 21 has a BAC of 0.08 or higher, the case may be treated as DWI rather than only underage DUI.

What Consequences Can Follow a DUI or DWI Charge?

Both DUI and DWI charges can affect your license, your record, your insurance, and your daily life. DWI penalties can include fines, court costs, license suspension, alcohol education or treatment requirements, and possible jail time, depending on the facts and whether there are prior offenses.

Underage DUI can also carry serious consequences. The Arkansas Department of Finance and Administration lists a 90-day suspension for a first underage DUI or refusal offense, with longer suspension periods for later offenses.

Beyond the legal penalties, either charge can affect school, employment, family responsibilities, and transportation.

How DUI and DWI Cases Can Be Challenged

A charge is not the same as a conviction. DUI and DWI cases often depend on the details of the stop, the testing, and the arrest.

Important questions may include whether law enforcement had a lawful reason to stop the vehicle, whether field sobriety tests were handled properly, whether the breath or blood test was reliable, and whether your rights were respected. In some cases, the evidence may not be as strong as it first appears.

How The Graham Law Firm PLLC Can Help

At The Graham Law Firm PLLC, we understand how quickly a DUI or DWI charge can put your future at risk. Our team reviews the facts, explains the process, and works to identify weaknesses in the case against you.

The firm’s criminal defense practice includes DWI/DUI cases, and Lauren Graham’s background as a public defender gives the firm practical insight into how prosecutors approach criminal charges.

Start Building Your Defense Today With The Graham Law Firm PLLC

A DUI or DWI charge in Arkansas can create immediate pressure, but you do not have to handle it without guidance. If you were arrested in Paragould or anywhere in Arkansas, The Graham Law Firm PLLC can help you understand the charge, protect your rights, and start building a defense.