Arkansas - Administrative License Suspension[caption id="" align="alignleft" width="300" caption="Image via Wikipedia"][/caption] It is illegal in the state of Arkansas to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher or to operate a motorized vehicle with any amount drugs in your system including barbiturates, tranquilizers, amphetamines and marijuana. Drivers can also be arrested for drunk driving in Arkansas if they are impaired at any level if they are unable to safely operate their motorized vehicle. Under Arkansas Implied Consent Laws a driver has given their implied consent to submit to a breathalyzer, blood or urine sample if asked to do so by a law enforcement officer.
Penalties for an Administrative License Suspensions in ArkansasAdministrative license suspension penalties are enforced by the Arkansas Department of Finance and Administration and are separate from any criminal penalties a driver might face if arrested and convicted of DUI in the criminal court.
First Drunk Driving Arrest in Arkansas
Drivers who refuse to take the blood alcohol content test will have their license suspended for 180 days. Drivers who take the blood alcohol content test and have a BAC of less than 0.18% will have their license suspended for 120 days. Under some conditions the court may allow the driver to get a restricted license.
Second Drunk Driving Arrest in ArkansasDrivers who refuse to take the blood alcohol content test will have their license suspended for 2 years. There are no restricted permits allowed for a refusal. If the drivers BAC is over the legal limit their license will be suspended for 24 months if the second offense is within 5 years of the first offense. Drivers may be allowed to get an ignition interlock device and restricted license after 12 months.
Third Drunk Driving Arrest in ArkansasDrivers who refuse to take the blood alcohol content test will have their license revoked for three years and are not allowed to get a restricted drivers license. Drivers who have a BAC over the legal limit will have their license suspended for thirty months and can apply for a restricted license after one year.
Forth Drunk Driving Arrest in ArkansasDrivers who refuse a blood alcohol test for the fourth drunk driving arrest will face a lifetime revocation of their drivers license. Drivers with a blood alcohol content above the legal limit will have their license suspended for four years.
Administrative License Suspension Process in ArkansasAfter a DUI arrest and subsequent BAC test administration or refusal the police officer will forward a sworn report and written chemical test report to the Arkansas Department of Finance and Administration. If the driver refused to take the test the officer will submit a sworn report to that fact. Drivers have seven days from the date of their drunk driving arrest to request a hearing to appeal the administrative penalties. Hearings are generally scheduled within 20 days from the date of the arrest. If the hearing is not scheduled within this time the driver is allowed to drive until the hearing date (although generally the officer provides a 30 day temporary driving permit to the driver at the time of the drunk driving arrest). At the hearing the court will simply evaluate whether they have the report which indicates intoxication. The state has the responsibility to prove their case through a preponderance of evidence.
Can I get a restricted drivers license in Arkansas?At the hearing the drivers may also request their eligibility for an interlock restricted license or a restricted permit. If this license is granted by the court the offender may use it to go to school, work, treatment programs, medical appoints and other court appearances. Drivers who have hired a DUI lawyer within seven days of their DUI arrest may ask to have their appearance waived and have their DUI lawyer request an ignition interlock device for them. Attorneys may also have the option to appeal the license suspension to the Circuit Court and have a judge review the license suspension.
Getting an Ignition Interlock Device in ArkansasDrivers who are granted an ignition interlock order will have to contact the interlock company and have the device installed on their car. The receipt for the installation must be taken to the driver control office and they will issue the driver an interlock license.
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