Arkansas Driving While Intoxicated Law
In common with many other States, a DWI arrest in Arkansas will lead to two cases being brought against the defendant, a criminal case and a Department of Finance and Administration Office of Motor Vehicle case. If you have been arrested for DWI in Arkansas, you have only 10 days in order to apply for a hearing at the Department of Finance and Administration Office of Motor Vehicle in order to retain your driver's license. It is therefore essential that you contact an Arkansas DWI lawyer as soon as possible.
Charges for DWI in Arkansas can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations. In Arkansas you can refuse a blood test as long as you are prepared to take a urine or breath test. Refusal to provide a sample at all is taken as consciousness of guilt which could increase any penalties accrued.
The first three convictions for DWI in Arkansas are regarded as being misdemeanors, the fourth is a felony.
| Conviction | Punishment |
| First | Minimum of 1 day and maximum of 1 year in jail and a fine between $150 and $1000 plus $300 court costs. Public service is possible at the discretion of the court. 120 day suspension for alcohol, 6 months for drugs, 180 days for refusal to supply test. |
| Second | Minimum of 7 days in jail, up to a year, fine of between $400 and $3000, plus $300 court costs. Possibility of no less than 30 community service in lieu of jail. 24 month suspension, after 1 year ignition interlock and restricted license. 2 year suspension with no restricted license for refusal to supply test. |
| Third | Minimum of 90 days in jail up to 1 year, alternatively no less than 90 days community service, fine between $900 and $5000. 30 month suspension, restrict license after 1 year. Refusal to supply chemical test results in 3 year revocation. |
| Fourth | Prison sentence of at least 1 year up to 6 years or not less than 1 year community service. Fine between $900 and $5000. Four year revocation. If no test supplied, license revoked for life. |
| Fifth | Prison sentence of at least 2 years up to 10 years, or community service for no less than 2 years. Fine between $900 and $5000. |
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