Arkansas DWI Laws
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 |
|
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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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