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Arkansas DUI Information

In Arkansas, if you are old enough to legally drink?21 years old? then you will be charged with DWI if you have .08% BAC. For drivers younger than 21, the limit drops to .02% BAC.
The BAC limit for commercial drivers is .04% and carries serious consequences, particularly if you are driving a commercial vehicle when you are arrested.

Drugs and DUI
Your driver fitness is also affected by medicines and drugs. Some medications, prescription or over-the-counter, can affect your driving. If you take drugs and drink alcohol, you could become sleepy, disoriented, or have trouble seeing.
Read the warnings and interactions accompanying all medicines to determine whether your driving will be impaired.
Using illegal drugs, like marijuana or methamphetamines, can be dangerous. Your reaction time, senses, and judgment are all affected when you take drugs and then get behind the wheel.
Arkansas enforces the Implied Consent Law, which means a law enforcement officer can test you for drugs or alcohol during a traffic stop if he suspects use. When you applied for an Arkansas driver's license, you automatically agreed to the Implied Consent Law.

DUI and DWI Penalties
Every DUI or DWI arrest is judged case by case because sometimes there are other circumstances, like resisting arrest or excessive speed. As a rule, however, your first offense is a fine ($150 to $1,000) and 120 days of license suspension.
If you are arrested and convicted a second time, then you will lose your license for two years. With a third offense, your license is suspended for 30 months and with a fourth offense, you lose your license for four years.
You may also have to pay fines and attend an approved alcohol rehabilitation program. Before you can apply for a license reinstatement, you'll need to satisfy all of the requirements demanded by the court.

Reinstatement
You will pay a reinstatement fee to get your license back. And once you are reinstated, you must keep a clean record to avoid accumulating any administrative points.
The consequences of DUI are far reaching. Financially you will spend a lot of money on lawyers, insurance, and even lost time at work. Socially you will be burdened with having to find rides to events and will miss some social outings. When you are arrested for DUI it affects everyone.
But the law is forgiving and the restitution process is designed to help you emerge from your suspension a safer, more responsible driver. And often, your new appreciation for your driver's license results in a long and safe driving career.
If you've been arrested for Arkansas DWI, you only have seven (7) days to request a motor vehicle hearing. If you (or your DWI lawyer) don’t request the hearing within seven (7) days, your license will be suspended.
Arkansas DWI arrests require the subject to provide a sample of their blood, breath or urine for testing to determine alcohol content in order to support the per se charge. Refusal to provide the sample can be introduced at trial as consciousness of guilt, and may also result in additional administrative penalties in the Arkansas DWI driver’s license case. It is up to the police department to decide which type of chemical test is to be given following an Arkansas DWI arrest. However, you may decline a blood test if you are willing to take a breath or urine test when arrested for DWI. It is always a good idea to do so if you've been stopped for DWI in Arkansas. PUNISHMENT- CRIMINAL COURT
Arkansas DWI or 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.

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