Arkansas DUI Laws

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.

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in New Hampshire. Many cases in New Hampshire have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense.

"Vehicle" is also broader than the limited application to a car. It includes a motorcycle or bicycle or any device that is moved by power other than human power. Courts have determined that a mounted bicycle, golf cart, tractor, riding lawnmower and other devices are included in the definition of "vehicle". Obviously motorized wheelchairs are excluded. It should be noted here that there are separate code sections for the operation or physical control of watercraft under the influence and it has its own set of definitions.

"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible.

Highlights of Arkansas's DWI Law
Here are highlights from Arkansas law on driving while intoxicated (AR Code Title 5, Ch. 65). Click on the links for further explanation of the legal terms associated with drunk driving in Arkansas.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 120 Days

License Suspension 2nd Offense: 24 months

License Suspension 3rd Offense: 30 months

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: After 4th offense

Hardship License while license suspended: Yes

Open Container Law: No

These are highlights of the main provisions of Arkansas law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Arkansas, contact an attorney in your area to determine you rights and responsibilities.

Source: AR Code Title 5, Ch. 65

Punishment In Arkansas DUI/OVI Cases

A driver convicted of a first-time DWI faces one year in jail and a fine of $150 up to $1,000, plus court costs of $300. The court has the discretion to order public service in lieu of jail.

For a second offense, the driver faces seven days to one year in jail or no less than 30 days community service and a fine of $400 to $3000, plus court costs of $300. A third offense is punishable by 90 days to one year in jail OR no fewer than 90 days of community service and a fine of $900 to $5,000.

A fourth-offense DWI is punished as a felony in Arkansas. If convicted, the driver faces one to six years in the state penitentiary or not less than one year of community service. The driver also will be fined $900 to $5000.

A fifth-offense DWI is also punishable as a felony in Arkansas. The driver faces two to ten years in the state penitentiary or no less than two years of community service. The driver also will be fined $900 to $5000.

A driver arrested fo rDWI in Arkansas also faces administrative punishment from the Office of Motor Vehicle. 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.

A driver arrested for a first-time DWI involving alcohol will lose his or her license for 120 days with a BAC of less than .18 percent. Some drivers may receive a restricted license to travel to and from work. A motorist arrested for driving under the influence of drugs faces a six-month suspension. Drivers who refuse a chemical test face a six month suspension.

For a second-offense DWI within five years of a first offense, the driver will lose his or her license for two years. The driver may be eligible for a restricted license after one year with the installation of an ignition interlock device. Drivers who refuse a chemical test face a two-year suspension with no opportunity to receive a restricted license.

For a third-offense DWI, a driver who submitted to a chemical test faces a 30-month license suspension. He or she is eligible for a restricted license after one year. A driver who refused a chemical test faces a three-year suspension with no opportunity for a restricted license. No restricted license for one year.

A driver arrested for a fourth or subsequent DWI faces a four-year revocation. A driver who refuses a chemical test in a fourth-time drunk driving case will have his or her license revoked for life.

Because the consequences of an Arkansas DWI arrest can be severe both in court and at the Office of Motor Vehicle, it’s imperative to have a skilled drunk driving criminal defense attorney protecting the driver’s rights.