ARKANSAS DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
ARKANSAS DUI/ DWI REGULATIONS
In Arkansas, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Arkansas automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
ARKANSAS DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
FOR OUT OF STATE DRIVERS: The state of Arkansas has an out-of-state Driver’s License Compact Agreement where by DUI convictions in this state will be reported to your home state. The latter usually will suspend your license.
1st Offense
- Imprisonment for up to 1 year.
- Minimum $100 fine.
- 14 points will be added to your driving record.
- Your license will be suspended for up to 120 days.
- You will have to pay $300.00 as court costs.
- You may be ordered public service instead of imprisonment.
2nd Offense
- Imprisonment for 7 days to 1 year.
- A $400 to $3,000 fine.
- 14 points will be added to your driving record.
- Your license will be suspended for 2 years.
- For your 2nd offense you are eligible to apply for a Restricted Permit and Ignition Interlock after 1 year, but not eligible if you refuse to submit to a test.
- You may have to undertake community service for 30 days or more.
3rd Offense
- Imprisonment for 1 to 6 years (minimum 90 days).
- A $900 to $5,000 fine.
- 14 points will be added to your driving record.
- Your license will be suspended for 30 months.
- If 3 or more convictions occur for DWI or BAC or a combination of the two, the driver will face a 10-year license denial. For your 3rd offense, you are not eligible to apply for a Restricted Permit for at least 1 year. Your license will be revoked for 3 years with no option for a Restricted Permit if you refuse to submit to a test.
- You may have to undertake public service for 90 days.
4th Offense
- Is treated as a Felony.
- Imprisonment for 1 to 6 years.
- A $900 to $5,000 fine.
- 14 points will be added to your driving record.
- Your license will be suspended for 4 years.
- If you refuse to submit to a test your license will be revoked for life.
- You may have to undertake community service for 1 year.
5th Offense
- The fifth offense is treated as a Felony.
- Imprisonment between 2 to 10 years.
- A $900 to $5,000 fine.
- 14 points will be added to your driving record.
- Your license will be revoked for 1 year.
- You may have to undertake public service for 1 year if not imprisoned.
If you are under 21 years old:
- If you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving, may be revoked until age of 21 plus a $2,000 fine.
- As per the law, the court may order a minor’s license to be suspended revoked for any alcohol or drug-related offense (including possession and use) while driving; or a 2nd offense of possessing or using alcohol by some one under 21; or for changing or lying on your driver license. It is a good idea to consult your DUI/DWI lawyer for appropriate procedures.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
ARKANSAS PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- 2 points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if your BAC less than 0.04% but a small amount is detected.
- You will be barred from driving a commercial vehicle, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials, or refusing to take a breathalyzer test or for driving while intoxicated.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
Moreover, the Federal Motor Carrier Safety Administration (FMCSA) Disqualification of Drivers employs big penalties when it comes to commercial drivers and the offenses that disqualify them.
ARKANSAS ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Arkansas laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is aged 21 and over and is driving with BAC 0.08% or more.
- The driver is aged below 21 and is driving with BAC 0.02% or more.
- The driver is driving a commercial vehicle with BAC 0.04% or more.
Under this action, if you are arrested for DUI/DWI, the arresting officer will confiscate your Arkansas driver license and issue a temporary 30-day driving permit, file an AIR (Alcohol Influence Report), complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable. You may be eligible to drive using the Restricted Permit if BAC is below 0.15%, you did not refuse the test and do not have other alcohol offenses.
After the arresting police officer gives you Official Driver’s License Receipt and Notice of Suspension/Revocation of Driving Privilege you can drive for 30 days. You may later become eligible to reinstate your license, if you meet the reinstatement requirements.
In some cases you may be eligible for Restricted Permit for school or work. It is a good idea to consult your DUI/DWI lawyer for the same. The driver can schedule an administrative hearing within 7 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, the license will be suspended or revoked based on his previous driving record; If there are any alcohol related convictions or suspensions for this 5-year period, the license will be revoked for 1 year. If not, it will be suspended for 120 days.
You may be eligible to drive using the Restricted Permit. The suspension or revocation begins 15 days after the final order of the hearing officer is mailed from the Department of Finance and Administration. If the driver, however, does not request a hearing, then the suspension/revocation begins on the 15th day after the arrest, and is final.
ARKANSAS LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Finance and Administration, once the period of suspension or revocation is over.
Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the Drug Alcohol Safety Educational Program (DASEP) or a comparable program (the agency will send the proof to the Office of Driver Services once you have completed the program), pay the reinstatement fee of $150.00, and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old.
- If you are being convicted, those who can afford will require ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for 1 year.