DUI Reference Guide

Arkansas DWI Laws

Driving while intoxicated in Arkansas can bring about many penalties.  There are court actions including the possibility of jail times, fines, license suspension and more.  A person who is arrested for DWI will also face driver’s license suspensions set forth by the Office of Motor Vehicles.  A person can lose their license upon being arrested.  They do have seven days, however, to ask for a hearing if they think or would like to create a case that could possibly allow them to retain their license.

Arrests for a DWI can come about from a common-law theory.  This allows the state to prosecute people who appear to be impaired while driving.  The impairment can be a result of alcohol and/or drugs.  They can also be arrested if they are in violation of the per se law in having a BAC (blood alcohol content) that is at or even exceeds 0.08%. 

Those individuals, who are being evaluated on suspicion of driving while impaired, should be willing to take a chemical test.  These tests can be administered as a breath, urine or blood test.  Individuals who will not take a test can find that they have their license suspended for even longer periods of time by the Department of Motor Vehicles.

First time offenders can lose their license for 120 days.  If their impairment was due to alcohol the amount of time increases to six months.  Refusals could result in 180 days of suspension.  Second time offenders can have their license revoked for two years.  At times they can have some driving rights after one year.  However, to do so, the offender will need an ignition interlock system.  If a person refused to take chemical testing no restricted rights are offered, and the suspension will last two years.

On a third offense people who refused to take a chemical test will lose their license for three years.  For anyone who failed a chemical test, they can sometimes have driving rights after one year and will have their license officially suspended for 30 months. 

On four and more convictions a person who has refused to take a chemical test will lose their license permanently.  Otherwise if they had a BAC of 0.08% or higher their license will be suspended for four years. 

Criminal penalties for DWI in Arkansas are also severe.  People can face even harsher punishments if they were under the influence and subsequently caused an accident.  They can also receive more penalties if their BAC was extremely high or if they had youth riding in the car with them when they were drunk or under the influence of drugs.

First time offenders will accrue court costs.  Fines can also be as high as $100 and are usually at least $150.  They can be sentenced to one year in jail at the most.  Someone convicted must serve at least one day unless they are to serve community service rather than given a jail sentence. 

Second time offenders will also owe court costs.  The maximum fine is $3000 and the fine must be at least $400.  Sometimes 30 days or more of community service is ordered.  Otherwise a person faces up to one year in jail with a seven-day minimum.  On a third conviction, individuals will pay up to $5000 in fines and at least $900.  They can spend up to one year in jail with a minimum of 90 days in jail or 90 days of public service. 

Fourth and fifth DUI convictions are felonies in Arkansas.  Fines range from $900 to $5000.  A person also faces a year of community service or one to six years in state prison.  Fifth time offenders will pay the same amount range in fines as fourth time offenders.  They will find themselves in jail for two years at a minimum and ten years at most.  If they are not sentenced to state prison, they must provide at least two years of public service.

If arrested for a DUI in Arkansas, a person should consult a lawyer.  It is especially important for those on fourth and fifth offenses when a DUI conviction will equal a felony.  A lawyer can help a person to create a defense on their innocence if a person does not believe they were intoxicated when they were driving a vehicle.