Arkansas DWI & DUI Laws and Penalties
Explained
If you're dealing with a DWI (Driving While Intoxicated) charge in Arkansas, comprehending the state's DWI statutes and penalties is fundamental for effective legal defense.
Arkansas DWI statutes are severe, imposing substantial consequences on those convicted, including monetary penalties, license revocation, and potential incarceration. This resource provides a thorough examination of DWI penalties in Arkansas to ensure you stay well-informed and prepared.
An Overview of Arkansas DWI & DUI Laws
Arkansas DWI statutes are regulated by Arkansas Code § 5-65-103, which makes it unlawful to operate or be in actual physical control of a motor vehicle while intoxicated by alcohol or controlled substances. The state imposes strict penalties for DWI offenses, with consequences that intensify considerably for repeat offenders.
Under Arkansas law, Driving While Intoxicated (DWI) of alcoholic beverages, chemical substances, or controlled substances constitutes one offense, determined by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
Arkansas follows an "implied consent" statute, meaning that by operating on Arkansas highways, you automatically consent to chemical testing if lawfully arrested for DWI. Refusing to submit to testing results in automatic license revocation and can be used as evidence against you in court.
An Overview of Arkansas DWI & DUI Penalties
Under Arkansas law (Arkansas Code § 5-65-103), DWI penalties encompass considerable fines, possible jail time, license revocation, and mandatory ignition interlock device installation, with severity determined by your criminal background and specific circumstances.
These penalties can drastically affect your driving privileges, career opportunities, and financial stability. Whether you're researching general information or facing DWI charges, understanding Arkansas's stringent laws and progressive penalties for each violation is critical.
Specific Penalties for a DWI & DUI in Arkansas
Arkansas DWI & DUI Fine Schedule
In Arkansas, DWI fines increase with each violation. The penalties become more substantial if your blood alcohol level is 0.15 or above or if a minor was present in the vehicle during the arrest. These circumstances are considered extremely dangerous.
The state employs monetary penalties to stress the seriousness of intoxicated driving. Repeat violators face considerably higher fines as a mechanism to prevent dangerous behavioral patterns and ensure public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Arkansas Imprisonment Terms
Arkansas enforces stricter incarceration penalties for each DWI conviction. An initial offense may result in up to one year of imprisonment, but elevated blood alcohol levels or aggravating circumstances can extend that punishment.
Subsequent offenses result in mandatory minimum jail terms that increase substantially. The law also mandates that certain incarceration time be served consecutively to prevent the offender from easily circumventing the sentence.
First Conviction
- Up to 1 year imprisonment
- BAL .15+ or minor present: Up to 1 year (minimum 72 hours/3 days)
Second Conviction
- 7 days to 1 year imprisonment (minimum 5 days mandatory)
- BAL .15+ or minor present: Double minimum punishment
Third Conviction
- 60 days to 1 year imprisonment (minimum 60 days non-suspendable)
- BAL .15+ or minor present: Double minimum punishment
Fourth+ Conviction
- 1 year 1 day to 10 years imprisonment (Class C felony charge)
- Enhanced penalties for habitual/violent offender charges
Arkansas Vehicle Impoundment/Immobilization
Arkansas statutes may require the offender's vehicle to be impounded following certain DWI convictions. The timeframe depends on the particular circumstances and previous offenses.
This consequence serves as a deterrent by restricting the offender's immediate capacity to operate a vehicle again. Vehicle impoundment or forfeiture may be mandated, especially for repeat violators or when the vehicle was used in the commission of the offense.
Unless the family has no other transportation:
Arkansas Driver License Revocation Periods
Forfeiting your driver's license in Arkansas following a DWI is routine, and the timeframe varies based on the offense specifics. Initial offenses typically result in a revocation lasting 90 days, but that duration extends significantly for repeat offenses.
Repeated offenses lead to much longer revocations. Following a fourth conviction, the state revokes your license for five years. In certain cases, you may petition for limited driving privileges after completing a minimum period, but this is not assured.
First Offense
- • Without bodily injury: 90 days minimum
- • Enhanced: With bodily injury: 1-5 years revocation
Second Offense
- • Within 10 years: 1 year minimum revocation
- • Enhanced: After 10 years: Same as first offense
Third Offense
- • Within 10 years: 3 years minimum revocation
- • Enhanced: After 10 years: Same as first offense
Fourth+ Offense
- • Within 10 years: 5 years minimum revocation
- • Enhanced: Habitual violator classification
Serious DWI & DUI Offenses in Arkansas
Arkansas classifies DWI-related fatalities as grave felonies. DWI manslaughter can result in up to 15 years imprisonment and a substantial fine. If the driver abandons the scene, the charge becomes even more severe.
Vehicular homicide follows a comparable approach. These cases illustrate how Arkansas differentiates between standard DWI charges and those resulting in loss of life. The legal ramifications reflect the irreversible harm caused by one reckless decision.
DWI & DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Arkansas Ignition Interlock Law and Device Guidelines
Arkansas law mandates ignition interlock devices for certain DWI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with a BAL of 0.15 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
Arkansas Code § 5-65-103Arkansas State Law Enforcement Agency (AREA)
About Low Cost Interlock
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