Arkansas DWI LAW

Arkansas DWI arrests trigger two separate cases. First, there is the criminal court case, where the DWI arrestee faces jail, fines, mandatory educational courses, suspension of their driving privileges, and possibly a mandatory ignition interlock device installed in their car. Next, there is the Arkansas DWI driver’s license case. The Arkansas Department of Finance & Administration Office of Motor Vehicle will also promptly suspend the driving privileges of anyone who is arrested for Arkansas DWI and does not request a hearing within 7 days of the DWI arrest.

 URGENT: 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, period.

Arkansas DWI charges can be brought using one (or both) of two theories. First, there is what is known as the "common-law" DWI charge, where the prosecution must show that the driver is impaired by alcohol (or drugs, or a combination of alcohol and drugs). Usually the government will attempt to prove impairment by way of driving patterns, physical appearance of the defendant, field sobriety test performance, and chemical test results. However, keep in mind that it is not necessary to show any particular Blood Alcohol Content (BAC) to prove common-law Arkansas DWI. Because alcohol can impair people differently at different levels, the only thing the prosecutor need show is impairment of mental or physical faculties to the necessary legal extent.

Arkansas DWI prosecutions may also be grounded in the Arkansas DWI per se charge. This type of Arkansas DWI is not concerned with impairment at all. Instead, to be guilty of the Arkansas DWI per se charge, the government need only show that the driver was driving at a time his or her Blood Alcohol Level was .08% or higher. It does not matter if the driver is actually impaired or not. This theory of Arkansas drunk driving liability is based only on body chemistry.

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.

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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.

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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.

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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.

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.

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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.
  If you or someone you care about has been charged with DWI in Arkansas, please contact a qualified Arkansas DWI lawyer at once. Remember, there is limited time available to request an Arkansas DWI Driver’s License Hearing. Please, don’t delay.