Arkansas DUI & DWI Laws & Lawyers
Arkansas State Symbols: Anthem: Arkansas by Eva Ware Barnett Beverage:Milk Bird: Mockingbird Book: The Bible Flower: Apple Blossom Folk Dance: Square Dance Fruit: South Arkansas Vine Ripe Pink Tomato Gem: Diamond Historical Song: The Arkansas Traveler by Sanford Faulkner Historic Cooking Vessel: Dutch oven Insect: European honey bee Mammal: White-tailed Deer Mineral: Quartz Crystal Motto: Regnat Populus (The People Rule) Musical Instrument: the Fiddle Nut: Pecan Rock: Bauxite Soil: Stuttgart Soil Series Songs: Arkansas (You Run Deep In Me) by Wayland Holyfield and Oh, Arkansas by Terry Rose and Gary Klass Tree: Pine Vegetable: South Arkansas Vine Ripe Pink Tomato Butterfly: Diana Fritillary ButterflyArkansas has always been one of the most alcohol-free states in the union, from Spanish prohibitions against trading liquor to Indians to the Woman's Christian Temperance Union in the 1800’s to Carrie Nation in the 1900’s. It was “bone dry” well before the Volstead Act created Prohibition in 1919.
However, someone once snickered that the four diamonds in the state flag symbolize babes, booze, betting and brawling. But snickering aside, if you defy Arkansas drinking and driving laws you might wind up like the guy who was arrested and charged with DUI when he fell asleep at the wheel in the drive-through lane at McDonald's – dazed, confused and in jail.
Arkansas uses the term DWI or “Driving While Intoxicated” to mean DUI, and defines it as not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other intoxicants into your body.
All drivers in Arkansas give their “implied consent” for a blood alcohol test (BAC) when they receive a license. This means their breath, blood or urine will be tested for alcohol and/or drugs if they fall under the suspicion of an Arkansas DUI charge. (You should note that Arkansas law gives you the right to a second test at your own expense at a place of your choice.) When blood is drawn with or without a request from law enforcement, it is extremely important to have your Arkansas DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient rights regarding confidentiality of medical records.
The Arkansas DUI per se law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving “under the influence” if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, bloodshot, watery eyes, unbalanced coordination, hazardous driving and field sobriety tests can be proof that a driver was “under the influence and impaired.”
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source, such as alcohol-based paint or solvents, mouthwash, prescription or over-the-counter drugs, be aware that you can still be arrested for an Arkansas DUI, even though you are not “legally drunk.” You are also still subject to ALR (automatic license revocation).
After being charged with an Arkansas DUI you’re going to face two adversaries: the criminal courts and the Arkansas Department of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal DMV hearing.
You have the right to make request within 7 days for an administrative hearing with the Arkansas DMV to try avoiding losing driving privileges. Your license will be lost if you do not request a hearing, or fail to appear or lose your appeal. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Arkansas DUI defense attorney cross-examine and rebut testimony, and confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for refusing to take or failing a blood alcohol content (BAC) test. Criminal and DMV penalties may seem similar, but they are separate and usually run concurrently (at the same time) with court sanctions.
Be advised that Arkansas has an out-of-state Driver’s License Compact Agreement. This means that Arkansas DUI convictions will be reported to your home state, which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Arkansas DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail and the loss of your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Arkansas DUI lawyer. In any case, when you are stopped and arrested for suspicion of an Arkansas DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
In Arkansas DWI law, you first must be suspected of a proper reason to be pulled over. Either you violated a traffic law or the trooper might have thought you were driving poorly. An officer had probable cause to think you were driving in an impaired manner or violated a traffic law - if not you might win your case. Arrests for drunk driving in every state tend to focus on four areas of law for every case: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with an Arkansas DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked to the Cop?
When people are pulled over by officers, they sometimes say the wrong thing. You were probably polite to the officer and told him some honest answers. Sometimes, you fudge a little. Should you have demanded your Right to Remain Silent? Don't Monday morning quarterback it.
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks,” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing. Many times the entire event is on video or audio tape recordings. Your Arkansas DUI lawyer will certainly check it all out.
Did I Have A Right to Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Arkansas DWI attorney specialist.
I’m Simply Going to Plead Guilty, Why Do I Need An Arkansas DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Arkansas drunk driving laws should be taken very seriously. Arkansas DUI convictions and penalties can be long- lasting and severe, both in court and with the Arkansas Department of Public Safety, Driver and Vehicle Services, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigate your penalties. An Arkansas DUI defense attorney will level the playing field between you and the prosecution in an effort to exercise and preserve your constitutional rights.
When considering consulting an Arkansas DWI lawyer, take into account the impact of a criminal conviction: possible loss of voting privileges; increased cost or cancellation of auto insurance; lost educational opportunities; inability to rent or own cars; restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications; and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s an Arkansas DUI Defense Attorney Going to Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so do costs. Good lawyers aren't cheap! Most people don’t realize that money spent now on skillful help from an Arkansas DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly. These costs are usually in addition to the fines.
Did I Have to Take a Field Sobriety Test (FST)?
"Field sobriety tests" are usually voluntary, but do not expect an officer to inform you of this, as they want to get all the evidence they can against you. Besides, according to the National Highway Traffic Safety Administration, the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. Even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time. So if you took the tests, ok, and if you didn't take the tests ok. Your Arkansas DWI attorney must check out all possible defenses for you.
What If I Refused to Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 20 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a criminal trial and producing evidence of innocence and the burden of proof bears upon you, the accused. They call this an administrative hearing against your driver's license.
Is Plea Bargaining Available?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars. Backed up calendars ususally help the person accused of DWI.
Practiced Arkansas DUI attorneys often will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of an Arkansas DUI, but remember even a conviction to a lesser charge will still count as a “prior” for calculating penalties for future offenses.
It is next to impossible to plea bargain an Arkansas drunk driving charge without an experienced Arkansas DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of a Nolo Contendere Plea. What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Arkansas DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Arkansas DPS and the Criminal Courts Double Jeopardy?
Like most states, Arkansas law permits the enforcement of administrative penalties in addition to court punishments. The state considers driving a privilege, not a right, and therefore not subject to civil liberties. The DPS administers driver’s licenses, imposes civil penalties, serves as the judge and jury, and also metes out punishment.
What If I Am an Out-Of-State Driver?
Arkansas DUI convictions will be reported to your home state, which generally will take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Arkansas DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens in Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things, including the number of prior convictions. These can include any previous Arkansas administrative or criminal court drunk-driving suspensions, refusal to submit to a BAC test or any “operating-while-intoxicated” convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Arkansas DWI lawyer specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get a Hardship Driver's License?
You may be required to serve a minimum suspension period before limited privileges will be allowed. Any person whose license was suspended, except for 4th-time repeat offenders, are eligible to obtain an ignition interlock restricted license. A restricted license is to be used for work, school, court-required appearances and treatment programs, and medical appointments. Students must maintain a “C” average with a restricted license.
What About Enhanced Punishments for Multiple Arkansas DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, BAC of .16%, the presence of a child in the car ($2,500 and one year in prison), speeding, reckless driving and an elevated BAC level, and causing an accident with injuries or property damage.
Any time you face multiple or “aggravated” charges, or if death, injuries or sizeable property damage occur, the fallout for Arkansas DWI multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently.
Consequently, we strongly recommend retaining an experienced Arkansas DUI attorney in order to secure the best possible outcome to a potentially severe situation.
What About My Insurance?
You insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Arkansas DUI Criminal Penalties –
1st Offense
$150 to $1000 fine.
$300 in court costs.
1 day to 1 year in jail for a BAC between .08% to .15%.
Up to 6 months loss of license.
Community service may be imposed in lieu of jail time.
Possible ignition interlock.
2nd Offense (Within 5 years of the first)
$400 to $3000 fine.
7 days to 1 year in jail.
2 year loss of license.
Or a minimum of 30 days community service.
30 days to 1 year in jail if a minor (16 or under) was in the vehicle.
Or a minimum of 60 days community service.
An ignition interlock restricted license may be issued after 1 year.
3rd Offense (Within 5 years of the first)
$900 to $5000 fine.
90 days to 1 year in jail.
2-½ years loss of license.
Or a minimum of 90 days community service.
120 days to 1 year in jail if a minor was in the vehicle.
Or a minimum of 120 days community service.
An ignition interlock restricted license may be issued after 12 months.
4th Offense (Within 5 years of the first)
A felony.
Up to $5,000 fine.
1 to 6 years in prison.
Or 1 year of community service.
4 year loss of license.
2 to 6 years in prison if a minor was in the vehicle,
Or a minimum of 2 years of community service if allowed by the court.
2 to 6 years in prison in a minor was in the vehicle.
Possible confiscation and auction of vehicle if offenses occurred within 3 years.
5th Offense
Felony.
2 to 10 years in prison.
Or 2 years community service.
$900 to $5,000 fine.
Mandatory substance abuse programs.
BAC Test Refusal
1st offense:
180 days loss of license.
Possible restricted license with ignition interlock.
2nd offense:
2 year loss of license. No restricted license permitted.
3rd offense:
3 year loss of license.
4th offense:
Lifetime loss of license.
Underage DUI
90 loss of license for 1st offense.
$100 to $500 fine.
1 year loss of license for the 2nd offense.
$200 to $1,000 fine.
3 years loss of license or until offender turns 21, whichever is longer.
$500 to $2,000 fine.
Substance abuse and driver’s education program.
Community Service for Underage DUI
30 days for 2nd offense.
60 days for 3rd offense.
Underage Refusal to Take BAC Test
90 day suspension of driver’s license for a 1st offense.
1 year suspension for 2nd offense.
3 year revocation or until offender reaches 21, whichever is longer.
– Arkansas DMV Driver’s Services –
1st DUI Offense
120 days loss of license.
6 months suspension for driving under the influence of drugs.
BAC .08% to .15%:
120 day driver license suspension.
Completion of alcohol education/treatment program.
Eligible for restricted permit.
BAC .15% or greater:
180 day suspension.
Completion of alcohol education/treatment program.
No restricted permit,
Eligible for interlock restricted license.
2nd Offense
2 year loss of license.
Eligible for restricted license after 1 year with ignition interlock device.
Completion of alcohol education/treatment program.
Enhanced BAC of .16% to .19%, loss of license for 2 years.
Enhanced BAC of .20%, 30 month loss of license.
3rd Offense
30 months loss of license.
Eligible for restricted license after 1 year with ignition interlock device.
Mandatory substance abuse program.
4th Offense
4 year loss of license.
Completion of alcohol education/treatment program.
No restricted permit.
No ignition interlock.
Underage Refusing BAC Test
.02 % BAC (zero tolerance – any amount of alcohol in the body is a DUI).
180 days loss of license for 1st offense.
2 year loss of license for 2nd
3 year loss of license for 3rd offense.
Not eligible for restricted license.
4th offense is a lifetime revocation.
4th Offense
4 year loss of license.
Possible vehicle confiscation.
Underage DUI 1st Offense
90 day driver license suspension
Completion of alcohol education/treatment program.
Eligible for a restricted permit for school or work during this suspension.
Commercial Drivers License
1st offense is 1 year disqualification
3 year disqualification DUI while hauling hazardous material...
Lifetime disqualification or subsequent offenses.
by Joshua Dale
– Disclaimer –
Only experienced Arkansas DUI attorneys should provide you with bona fide legal advice concerning Arkansas DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice. Rather it is suggestions and a range of helpful information that should not be substituted for speaking with accredited Arkansas DUI attorneys. There is no warranty, expressed or implied, herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Arkansas DUI attorney specializing in DUI cases.
–Citations –
Arkansas Code: 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1.
Acts 1983, No.549, 2; A.S.A. 1947, 75-2502; Acts 1987, No. 765, 1; 1997, No. 1325, 1.
DMV Live Help or call 1-877-727-3468
Unverified Research from other sites
What Happens To First Time Offenders in Arkansas?
Arkansas First Offender
You are DUI/DWI in Arkansas if your blood alcohol content (BAC) is .08% or greater. DUI (driving under the influence) is the term that refers to charges for drivers under 21 who had a BAC of .02% to .08%. DWI (driving while intoxicated) generally refers to the adult offense.
If you get a ticket for driving while intoxicated, you must apply for a hearing within seven days or your license will be automatically suspended 30 days from the date of arrest.
DWI First Offender Penalties
Jail
One day to one year in jail. The court may order public service instead of jail.
Fine
A fine of $150 up to $1000 fine plus court costs of $300.00.
License Suspension
120 days suspension if your BAC was under .08. Six months for drugs.
Restricted License
Under some circumstances, you can get a restricted license for work or school purposes.
Test Refusal
180 days suspension. If court orders an interlock restricted license, then the suspension period for which no restricted license will be available is a minimum of 90 days.
Ignition Interlock
If your BAC was over .18% the court will sometimes order an ignition interlock device (at your expense) to prevent you from driving your car if you have any alcohol in your system.
Education / Treatment
You will be required to complete an alcohol education program which will cost $50.00. You will be evaluated and may be ordered to submit to in-patient alcohol treatment if your history indicates the necessity.
Under 21
You are DUI if you had any alcohol at all in your system, and are subject to adult penalties (see above).
Insurance
You insurance rates will probably climb considerably, and your insurance carrier may drop you. Often increases are $1500 a year. The rates for family members and sometimes your employer can increase as well.
More Serious Charges
You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.
and who tests from 0.02 to .08 a DUI in Arkansas. The adult offense is called a DWI.
A person who tests 0.04 to 0.08 can be charged with DWI or DUI.
A person who tests under 0.04 but above 0.02 can be charged with DUI.
Arkansas. The adult offense is called a DWI.
A person who tests 0.04 to 0.08 can be charged with DWI or DUI.
A person who tests under 0.04 but above 0.02 can be charged with DUI.
fine plus court costs of $300.00. The court may order public service in lieu of jail, but the court shall include the reasons therefore in its written order or judgment.
DRIVER’S LICENSE CASE
You have just SEVEN DAYS after your Arkansas drunk driving arrest to request a hearing with the Arkansas Department of Finance & Administration Office of Motor Vehicle. If you don’t make this request in a timely manner, your driving privileges will be promptly suspended.
ADMINISTRATIVE DRIVER’S LICENSE PENALTIES
These penalties are not imposed by the court system. In fact the judge cannot lessen or change these penalties. They are imposed entirely outside the criminal courts by the Arkansas Dept. of Finance and Administration.
FIRST OFFENSE DWI
DWI (Alcohol): 120 days suspension if breath test under .15. Under some circumstances, you can get a restricted license for work or school purposes, but it is critical that you contact a lawyer at once to assist regarding this aspect of Arkansas DWI law.
DWI (Drugs): Suspension for six months.
CHEMICAL TEST REFUSAL: 180 DAYS. A driver who refuses a chemical test can get an interlock restricted license if the court allows it.
SECOND OFFENSE DWI:
DWI (with chemical test): Suspension for 24 months for a second offense within 5 years of the first offense. After one year can get interlock and restricted license.
REFUSAL: Two-year suspension. No restricted license is available.
THIRD OFFENSE DWI:
DWI (with chemical test): Suspension for 30 months. No restricted license for one year.
REFUSAL: Revocation for three years. No restricted permit or license is available.
ARKANSAS FOURTH OR SUBSEQUENT DWI:
DWI (with chemical test): Revocation for four years.
REFUSAL: Lifetime revocation. Period.
PUNISHMENT– CRIMINAL COURT
Arkansas drunk driving arrests may be punished consistent with the following, subject to certain punishment enhancements, such as being DWI with children in the car, being involved in an accident while DWI, etc. Note that these punishments are separate and apart from the DWI driver’s license sanctions that are imposed in the administrative proceedings.
FIRST OFFENSE DWI:
One day to one year in jail and a fine of $150 up to $1000, plus court costs of $300.00. The court has the discretion to order public service in lieu of jail.
SECOND OFFENSE DWI:
Seven days to one year in jail OR no less than 30 days community service and a fine of no less than $400 nor more than $3000.00, plus court costs of $300.00.
THIRD OFFENSE DWI:
90 days to one year in jail OR no fewer than 90 days of community service and a fine of not less than $900.00 and no more than $5,000.00.
FOURTH OFFENSE DWI:
A fourth-offense DWI is a felony in Arkansas. One year to six years in the state penitentiary OR not less than one year of community service. $900 to $5000.00 fine.
FIFTH OFFENSE DWI:
A fifth-offense DWI is also a felony in Arkansas. Two years to ten years for the fifth or subsequent offense in the state penitentiary OR not less than two years of community service. $900 to $5000.00 fine.
Arkansas DWI arrestees may be subjected to an ignition interlock requirement, but curiously, only those who can afford it are subject to this restriction. If an ignition interlock is ordered following an Arkansas DWI conviction, then you can drive only cars with interlock devices for up to one year after the person’s license is no longer suspended or restricted.
Arkansas DWI Penalties
First DUI Conviction
6-month driver's license suspension
Between one day and one year jail sentence
Community service
$150 - $1,000 fine
Potential required use of ignition interlock device
Completion of Alcohol Education Program
Second DUI Conviction (within 5 years)
Two-year driver's license suspension
Seven days - one year jail sentence
Community service
$400 - $3,000 fine
Potential ignition interlock device requirement
Completion of Alcohol Education Program
Third DUI Conviction (within 5 years)
30-month driver's license suspension
90 days - 1 year in jail sentence
Community service
$900 - $5,000 fine
Potential ignition interlock device requirement
Completion of Alcohol Education Program
Penalties for Refusal
First refusal: 180-day driver's license suspension
Second refusal: 2-year driver's license suspension
Third refusal: Three-year driver's license suspension
Fourth refusal: Lifetime driver's license revocation
