Arkansas DUI Laws & Lawyers
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Arkansas 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, some wag 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 “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 20 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 specialist. 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?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focus on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with an Arkansas DUI 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?
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.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by an Arkansas DUI lawyer. But be advised if you refuse the test, under the implied consent law you can lose your license on the spot – probably for many months.
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 DUI 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 DUI attorney, 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. 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.
Did I Have to Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. 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. But 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.
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 trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
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.
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 DUI 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 DUI 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 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.
– 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.
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