ARKANSAS DWI LAW

Blood Alcohol Content (BAC) for a Driving While Intoxicated (DWI) in Arkansas:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: Arkansas has an Implied Consent Law. This means that if you are pulled over and the police officer suspects that you have been driving under the influence of alcohol, you are automatically considered to have consented to a blood, breath, or urine test. If you refuse to submit to the test, your license will be seized and automatically suspended for 180 days after your first offense. If you refuse to take a chemical test after you have been pulled over for drunk driving a second time within five years of the first offense, your license will automatically be suspended for two years.

DWI violations in Arkansas can result in significant and far reaching consequences. If you are arrested for DWI, you should speak with an Arkansas DWI attorney to advise you in your case. Arkansas DWI law can be county specific; hiring a local Arkansas lawyer in your county can be very helpful to you.

DWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DWI Conviction: 6 months. You will also be ordered to attend an Alcohol Education or Treatment Program, and a Victim Impact Panel. However, if you have a BAC of .15% or more, your license can be suspended for 180 days.
  • Second DWI Conviction: If your second DWI conviction is within 5 years of your first DWI conviction, your license will be suspended for 24 months. It is also mandatory that you enroll in an Alcohol Treatment Program and go to a Victim Impact Panel.
• Monetary Fines:
  • First DWI Conviction: Between $150-1,000.
  • Second DWI Conviction: Between $400-$3,000.
• Community Service: 30 days mandatory community service after your third DWI. 90 days mandatory community service after your fourth DWI.
• Probation: Not unless you have been found guilty.
• Motor Vehicle Impound
  • First Conviction: No.
  • Second Conviction: No. But, if your license has already been suspended, the court can impound your license plates for no less than 90 days.
  • Fourth Offense: Your car can be impounded.
• Ignition Interlock:
  • First DWI: Yes, at the court’s discretion, especially if your BAC was over .18%.
  • Second DWI: Permitted after your license has been suspended for 45 days.
• Prison Time:
• First DWI: 24 hours to 1 year, or public service.
• Second DWI: 7 days to 1 year if your first DWI was within 5 years of your second. But, if you have someone under 16 in the car, you can be sentenced to between 30 days and 1 year.

DWI Arrest-Criminal Charges

If you are convicted of a DWI and criminal charges have been filed against you, you have the right to an attorney, and should contact a qualified criminal lawyer to defend you and help you figure out the Arkansas criminal justice system.

Potential Criminal Charges: If you have been arrested for DWI three times, your fourth arrest is a felony in Arkansas.

Reinstating Your License After DWI Conviction: The court will decide, based on your individual case, when you can reinstate your driver’s license. When the court decides you may reinstate your license, you will have to pay a reinstatement fee.

Effect of DWI on Car Insurance: To qualify for a restricted license after a DWI (remove the suspension of your license), or to have your general license reinstated, your insurance carrier must file the SR-22 Proof of Insurance Certificate with the Arkansas DMV Department of Financial Responsibility, and with the State of Arkansas. The SR-22 insurance must be maintained for 36 months.

An arrest for DWI will at minimum increase your insurance premiums, and may prevent you from getting insurance.

Effect of DWI on Driving Record: In Arkansas, a DWI can stay on your record for up to ten years.

Under 21 and DWI: If you are under the age of 21 and operate a motor vehicle with a BAC of .02% of higher, Arkansas’ Zero Tolerance law applies. Your driver’s license will be automatically suspended for 90 days upon your first offense and 1 year upon your second offense.

Arkansas Resources

Arkansas Office of Motor Vehicles

Arkansas DWI Statutes