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DUI in Arkansas

DWI in Arkansas

Arkansas DUI / DWI, drunken driving laws include both a criminal court and an Arkansas DWI driver's license case to be initiated in the event of arrest for DUI / DWI, drunken driving.

    1. In Arkansas the court case: Can include penalties that may include, jail time, fines, mandatory DUI / DWI, drunken driving education courses, ignition interlock devices and more.

 

    1.  In Arkansas the Department of Finance & Administration Office of Motor Vehicle will, in addition immediately suspend a driver's privilege to drive.

It is urgent that you seek an Arkansas DUI / DWI, drunken driving defense attorney as soon as possible if you've been arrested for drunken driving, DUI or DWI. The law only allows 7 days from the date of your arrest for your Arkansas DUI / DWI, drunken driving defense attorney to request a hearing with the Arkansas DMV to save your Arkansas drivers license.

Arkansas DUI / DWI charges are prosecuted under one or both of the following philosophies:

  1. Arkansas DUI / DWI, drunken driving charges can be based on violating Arkansas's per se charge. It would be a crime to drive with a Blood Alcohol Content (BAC) of .08% or higher. Impairment is not germane to the Arkansas per se charge. The state only needs to show that a driver was driving at the time the drivers BAC was .08% or higher. The Arkansas per se charge is based solely on body chemistry.

 

    1. In Arkansas if you are arrested for DUI / DWI, drunken driving you are required by law to submit to one of the following tests to determine alcohol content:
      • Blood
      • Breath
      • Urine
    1. The police will decide which test to administer depending on the circumstances.
    2. Refusal to submit will most likely be used during the trial to prove consciousness of guilt, and may also cause additional administrative penalties in the Arkansas Department of Finance & Administration Office of Motor Vehicle license case.
  1. Arkansas “common-law” DWI is where the driver must be proven to be impaired, whether by alcohol, drugs or any combination of alcohol and drugs. This is done by proving impairment using ones appearance, driving pattern, field sobriety test performance and/or chemical test results.

 

    1. In Arkansas it is not necessary to have a particular Blood Alcohol Content (BAC) to prove Arkansas “common-law” DWI. They only need to show to the legal extent required by Arkansas law that you are physically, or mentally impaired.

Arkansas DUI / DWI, drunken driving convictions are misdemeanors. They may be elevated if it is a fourth offense.

Arkansas DUI / DWI, drunken driving possible criminal court punishment:

  • The First Arkansas DUI / DWI, drunken driving conviction

 

A person's first conviction in Arkansas for DUI / DWI, or drunk driving is a misdemeanor with a jail term.

    • Sentenced to 1 day to 1 year in jail.
      • It is the discretion of the court to order public service in place of jail time.
    • Fine of $150.00 up to $1,000.00.
    • Court costs of $300.00.
  • The Second Arkansas DUI

A person's second conviction in Arkansas for DUI / DWI, or drunk driving is a misdemeanor with a jail term.

    • Sentenced to 7 days to 1 year in jail or no less than 30 days community service.
      • It is the discretion of the court to order public service in place of jail time.
    • Fine of $400.00 up to $3,000.00.
    • Court costs of $300.00.

 

  • The third Arkansas DUI

A person's third conviction in Arkansas for DUI / DWI, or drunk driving is a misdemeanor with a jail term.

    • Sentenced to 90 days to 1 year in jail or no less than 90 days community service.
      • It is the discretion of the court to order public service in place of jail time.
    • Fine of $900.00 up to $5,000.00.

 


  • The fourth Arkansas DUI

A person's fourth conviction in Arkansas for DUI / DWI, or drunk driving is a felony with a jail term.

    • Sentenced to 1 year to 6 years in state penitentiary or no less than 1 year community service.
      • It is the discretion of the court to order public service in place of jail time.
    • Fine of $900.00 up to $5,000.00.

 

  • The fifth or subsequent Arkansas DUI

A person's fifth or subsequent conviction in Arkansas for DUI / DWI, or drunk driving is a felony with a jail term.

    • Sentenced to 2 years to 10 years in state penitentiary or no less than 2 years community service.
      • It is the discretion of the court to order public service in place of jail time.
    • Fine of $900.00 up to $5,000.00.
    • May be required to an ignition interlock.
      • This requirement is usually only for drivers that can afford the device. If you are ordered to use this device, you may only operate vehicles equipped with the device for up to one year after your license suspension is lifted.

 

Arkansas DUI / DWI, drunken driving possible administrative driver's license penalties:

  • The First Arkansas DUI / DWI, drunken driving conviction

 

    • DWI (Alcohol): 120 days suspension if breath test is under .18% In some case you may be able to get a restricted license for school or work, but it is imperative you contact an Arkansas DUI / DWI, drunken driving attorney immediately to help you with this area of Arkansas DWI law.
    • DWI (Drugs): suspension for 6 months.
    • CHEMICAL TEST REFUSAL: 180 days. If an ignition interlock device is ordered, then the suspension period for which no restricted license shall be available shall be a minimum of 90 days.
  • The Second Arkansas DUI / DWI, drunken driving conviction

 

    • DWI (with chemical test): suspension for 24 months for a second offense within 5 years of the first. After one year can get interlock and restricted license.
    • REFUSAL: 2 year suspension. No restricted license available.
  • The third Arkansas DUI / DWI, drunken driving conviction

 

    • DWI (with chemical test): suspension for 30 months. No restricted license for 1 year.
    • REFUSAL: License revoked for 3 years. No restricted license or permit available.
  • The fourth or subsequent Arkansas DUI / DWI, drunken driving conviction

 

    • DWI (with chemical test): License revoked for 4 years.
    • REFUSAL: License revoked for lifetime. Period