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ARKANSAS DWI GUIDE

The DUI laws of Arkansas allow law enforcement officials to make arrests for drunk or impaired driving under two different legal theories. The first is a "common law" arrest in which the officer can arrest an individual who appears impaired in the officer's judgment. No blood alcohol test is necessary in this case. In the second case, called a "per se" charge, the officer can make an arrest based on the suspect having a blood alcohol level of .08 or higher. The suspect does not need to display any impairment.

Arkansas DUI laws operate under "implied consent." This means that by driving in the state, the driver agrees to submit to a blood, breath and urine test if requested. Refusing such a test can be presented in court as consciousness of guilt.

Conviction of a DUI offense in Arkansas can cause the suspension or restriction of your license. The severity of the suspension depends on the driver's previous convictions. A first-time offender's license may be suspended for six months, or at the court's discretion, a restricted license may be issued. A restricted license allows those convicted of a DUI charge to continue to drive if their car is fitted with an ignition interlock device. This device requires the driver to breathe into it and test negative for alcohol. Otherwise, the engine will not start.

Second offenders will receive a 24-month license suspension; a restricted license may be issued after 12 months, if the court allows. Third-time offenders lose their license for 30 months, with the possibility of getting a restricted license in 12 months, if the court approves. A fourth-time offender's license will be suspended for four years.

DWI CONVICTION TYPICAL PENALTIES

1st DWI Conviction misdemeanor ·One day to 1 year in jail OR at 7+ days community service; ·four to six month license suspension; ·$150-$1,000 fine.

2nd DWI Conviction (within five years) misdemeanor ·7 days to 1 year in jail OR at least 30 days community service; ·two year license suspension; ·$400-$3,000 fine;

3rd DWI Conviction (within five years) misdemeanor ·90 days to 1 year in jail OR at least 90 days community service; ·30 to 36 month license suspension; ·$900-$5,000 fine.

4th DWI Conviction (within five years) felony ·One to six years in prison OR at least one year community service; ·four year to life license revocation; ·$900-$5,000 fine.

5th DWI Conviction (within five years) felony ·Two to six years in prison OR at least two years community service; ·four year to life license revocation; ·$900-$5,000 fine.

Note 1: DWI convictions beyond the first are dated from within five years of the first offense, even if in another state (e.g., if you are arrested four years after your first offense, it is a second DWI offense).

Note 2: All penalties are enhanced when a child under the age of sixteen was in the car at time of DWI offense


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