What Makes a DWI a Felony in Arkansas?

July 24, 2025

What Makes a DWI a Felony in Arkansas?


Driving While Intoxicated (DWI) charges in Arkansas are serious, but not all DWIs carry the same weight. A first or second offense is often treated as a misdemeanor, which typically involves fines, a temporary license suspension, and possibly some jail time. But once a DWI escalates to the felony level, the consequences become far more severe—and long-lasting.


So, what exactly turns a DWI into a felony in Arkansas? Understanding the legal thresholds can help you protect your rights and take the right steps forward.


When Does a DWI Become a Felony in Arkansas?


1. Repeat Offenses

Arkansas law treats DWI charges more harshly with each conviction. If you're convicted of a fourth DWI offense within a ten-year period, it automatically becomes a Class D felony. Each subsequent offense increases the potential penalties, including longer prison terms and higher fines.


2. Aggravating Circumstances

Certain factors can elevate a DWI to a felony even if it's not your fourth or fifth arrest. These include:

  • Injuring or killing someone while driving under the influence
  • Having a minor (under 16) in the vehicle at the time of arrest
  • Being charged while driving on a suspended or revoked license due to a prior DWI


These aggravating circumstances not only increase the severity of the charge but also signal to the court that the offense put others at substantial risk.


Consequences of a Felony DWI in Arkansas

If you're convicted of felony DWI, you could face:

  • Prison time: Up to six years for a Class D felony, and more for higher felony levels.
  • Fines: Thousands of dollars in penalties, not including court fees and insurance hikes.
  • License suspension: Loss of driving privileges for several years, with reinstatement requiring strict conditions like ignition interlock devices.
  • Permanent criminal record: A felony conviction stays with you for life and can affect employment, housing, and your right to vote or own a firearm.


Your Legal Rights Matter

Facing a felony DWI charge can feel overwhelming—but you’re not powerless. The legal system allows for defense, negotiation, and in some cases, dismissal or reduction of charges. It's crucial to act quickly after an arrest to preserve evidence, challenge the stop or testing methods, and begin building your case.


At Lemley Law Partners, we’ve spent over 21 years navigating Arkansas courts and helping individuals just like you defend against tough DWI charges. We offer:

  • Free consultations
  • Flat fee pricing
  • Flexible payment plans
  • 24/7 availability


Whether this is your first serious legal challenge or one of many, we’re committed to helping you understand your options and protect your future.


Talk to a Felony DWI Defense Attorney Today

If you or a loved one is facing a felony DWI charge in Little Rock or anywhere in Arkansas, don’t wait to get help. Early action can make all the difference in the outcome of your case.



📞 Call Lemley Law Partners today