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Green Country Accidents Blamed on DUI

October 20, 2013 - The Oklahoma Highway Patrol says that alcohol was to blame for an October 19 wreck that resulted in a woman rolling her Saturn coupe and ending up in an Arkansas hospital. (MORE)

Walmart Heiress Seeks to Have DWI Expunged

October 27, 2013 - Alice Walton, daughter of Walmart founder Sam Walton, has had here DWI charge from 2011 dropped after it was announced that her arresting officer wouldn't be able to testify. She now further seeks it expunged from her record. (MORE)

Arkansas DWI Laws

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An Arkansas DWI can be a frightening experience with serious consequences. Even a first offense can cost thousands of dollars and result in lost driving privileges, jail time and a criminal record that may follow you around for the rest of your life. However, a DWI arrest is not a conviction. To ensure your legal rights are protected, you should have an experienced Arkansas DWI lawyer fighting for you. If you have been charged with DWI in Arkansas, consult an attorney today.

An Arkansas DWI arrest may occur for any number of reasons, including suspicion of DWI, having a blood alcohol content (BAC) over the "per se" limit, or refusing a BAC test. Following a DWI arrest, your driving privileges may be revoked by Arkansas Driver Control. You have only seven days to request a hearing with the agency to contest the charge and/or to apply for a temporary license. If you do not request the hearing or you are unsuccessful at the hearing, your driver's license will automatically be suspended for at least six months. In addition to the civil hearing, you may be facing charges in criminal court. Conviction penalties will vary depending on factors such as your level of intoxication and prior convictions. A DWI attorney can tell more about the penalties that may apply in your case.

Even if you have a DWI conviction, you should speak to an attorney about your rights, as you may be able to appeal the conviction. Under a newly enacted Arkansas law, you may be able to expunge (remove) misdemeanor DUI and DWI convictions from your record five years after you have completed your DWI sentence. Once your conviction is expunged, you are no longer required to disclose it on job, housing or other applications. To learn more about expunging your record and find out if you are eligible, speak to an Arkansas DWI lawyer.

Arkansas DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

Arkansas BAC laws may differ from those of other states, as follows.

Arkansas BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for someone under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting an Arkansas driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in suspension of your driver's license and potential prohibition of conditional license

Administrative License Suspension

Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.

Time to file for appeal: within approximately seven days after DUI/DWI citation.

DUI/DWI Arrest
1st Offense 6 months license suspension
Subsequent Offenses (within 5 years) 2 years or 30 months license suspension, depending on prior convictions
Temporary License Yes, for 30 days after DUI/DWI citation
Administrative Hearing Yes
Limited Privileges Possible Yes
Refusal to Submit to BAC Test
1st Offense 180 days license suspension

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 120 days (may have conditional license)
Prison Term and Community Service Up to 1 year in jail or community service
Fines, Fees, and Surcharges Approx. $150 to $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol education; possible treatment
Second DUI/DWI Offense
License Suspension 2 years (may have conditional license)
Prison Term and Community Service 7 days to 1 year in jail or at least 30 days community service
Fines, Fees, and Surcharges Approx. $700 to $3,300 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol education; possible treatment
Third DUI/DWI Offense
License Suspension 30 months (may have conditional license)
Prison Term and Community Service 90 days to 1 year in jail or at least 90 days community service
Fines, Fees, and Surcharges Approx. $1,200 to $5,300 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol education; possible treatment
Fourth DUI/DWI Offense
License Suspension 4 years (may have conditional license)
Prison Term and Community Service 1 to 6 years in jail or at least 1 year community service
Fines, Fees, and Surcharges Approx. $1,200 to $5,300 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol education; possible treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Arkansas Driver Control

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