Arkansas DWI and Underage DUI Look-Back Period

Q.  How long do DWIs and Underage DUIs "count against" me in Arkansas?

A.  A DWI can only be counted or used against you for enhancement purposes for TEN (10) years after the date of the offense. This is true regardless of whether your prior DWI was from Arkansas or some other state.  This law was changed in 2021 from the prior lookback period of FIVE (5) years.

Example:   Assume that you were convicted of a DWI - 1st Offense that occurred on June 1, 2013. If you are charged with another DWI that occurred on or before May 31, 2023, then the new DWI is a DWI - 2nd Offense, which has significantly more severe penalties. This is true regardless of the fact that the date of conviction for your second DWI may be after 10 years from the date of the offense of your first DWI; the law counts DWI's from "offense date to offense date," not "conviction date to conviction date."

For an Underage DUI, the lookback period is unlimited.  Keep in mind, a person cannot be charged with an Underage DUI unless they are under the age of 21.  Thus, in reality, the lookback period goes back several years.