In Arkansas, it is illegal to operate or control a motor vehicle while intoxicated. Doing so can subject you to harsh penalties and the loss of your driving privileges. If you or a loved one has been charged with DWI, you need effective legal representation to shield yourself from the harshest consequences. Contact a DWI defense lawyer from Horton Law for a confidential case review.
What Is Arkansas’ DWI Law?
Under AR Code §5-65-103, it is unlawful to operate or be in actual physical control of a motor vehicle while intoxicated or “at that time the alcohol concentration in the person’s breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204.” This law also applies to anyone who is operating or in physical control of a motorboat.
Some key aspects of this crime include the following:
- Intoxication definition: Law enforcement can arrest someone who appears to be intoxicated while operating a motor vehicle based on how their driving ability is impaired due to alcohol or drugs, or because the person has a blood alcohol content of 0.08% or more.
- Roads where the law applies: While some states’ DWI laws only apply to public roadways or highways, this is not the case in Arkansas. The DWI law applies to public streets, private property, your own driveway, and off-road areas. The DWI law also applies to waterways in the state.
- Operate or in actual physical control: While it’s most common for arrests to follow someone who was driving a vehicle, you do not have to be actively driving the vehicle to wind up arrested. If you are sitting in the driver’s seat with the keys in the ignition, this is sufficient to justify an arrest for DWI.
- Vehicles affected: The DWI law in Arkansas applies to passenger vehicles, commercial vehicles, buses, motorcycles, ATVs, UTVs, dirt bikes, recreational vehicles, golf carts, and motorized scooters.
Are There Different Blood Alcohol Concentrations for Different Types of Drivers?
While the relevant blood alcohol concentration limit is 0.08%, lower limits can apply for certain types of drivers. The legal limit depends on the type of license in question and the driver’s age.
For commercial drivers, the legal limit is 0.04%. This lower limit recognizes the danger of driving a much bigger and heavier vehicle while impaired.
Arkansas also has a zero-tolerance policy for drivers under age 21. Even with a blood alcohol concentration of 0.02%, a younger driver can be charged with DWI.
These are the automatic limits that subject the driver to the strict liability law. However, a person can still be arrested for DWI if they are below these limits if they are impaired to any degree.
What Is Driving Under the Influence?
Arkansas DWI law applies to legal drivers aged 21 and older. However, driving under the influence (DUI) applies when a driver under the age of 21 has a blood alcohol concentration between 0.02% and 0.079%. If a younger driver has a BAC of 0.08% or higher, they will be subject to the same DWI charges as an adult driver.
This distinction matters because the penalties for DUI are generally less than those for DWI offenses. An underage DUI can result in fines, court costs, mandatory alcohol education, and a driver’s license suspension of 90 to 120 days or more.
What Are the Penalties for DWI in Arkansas?
Harsh penalties can apply if you are convicted of DWI in Arkansas. Most DWI offenses are classified as misdemeanors in the state. The potential penalties depend on how many prior convictions you have had in the last ten years.
First Offense DWI
A first-offense DWI is a misdemeanor. Potential penalties include the following:
- Jail time: You could be sentenced to jail. Sometimes, this sentence is converted to community service.
- Fines: Fines for a first-time offender can range from $150 to $1,000, plus court costs.
- Driver’s license suspension: You can lose your driving privileges for six months.
- Alcohol education: You can be required to attend state-approved classes regarding the dangers of impaired driving.
- Victim impact panel: You may be required to listen to people about their bad experiences involving drunk drivers.
Second-Offense DWI
Potential penalties for a second-time offense for DWI include the following:
- Jail time: A second offense results in mandatory jail time of at least seven days, up to one year.
- Fines: You can face additional monetary fines for a second offense.
- Driver’s license suspension: Your driver’s license suspension is for 24 months if you were convicted of the second offense within five years of the first.
- Ignition interlock device: You will have to install this device in your vehicle to restore your driving privileges.
Third Offense DWI
The third-offense DWI is still a misdemeanor, but penalties can be stricter, including the following:
- Jail time: You face a 90-day minimum jail sentence, up to one year.
- Fines: You can be charged with substantial monetary penalties and be required to pay court costs.
- Community service: You can be sentenced to a longer term of community service.
- License suspension: Your driver’s license is suspended for two and a half years.
Fourth Offense DWI and Beyond
The fourth-time offense within ten years for a DWI in Arkansas is considered a felony. This offense carries much harsher penalties, including:
- Prison time: A conviction could mean that you are sent to state prison. This is a Class D felony, carrying a potential penalty of one to six years in prison.
- Fines: You can be responsible for paying expensive fines and court costs.
- License revocation: You lose all driving privileges for four years.
- Vehicle forfeiture: You may be required to listen to people about their bad experiences involving drunk drivers.
When Is a DWI in Arkansas a Felony?
While most DWI offenses in Arkansas are charged as felonies, this offense can be charged as a felony under any of the following circumstances:
- Fourth DWI: As stated above, a fourth DWI within ten years automatically becomes a felony charge.
- Serious injury or death: If your drinking and driving involved an accident that resulted in serious injury or death, you can face felony charges, such as vehicular assault or vehicular homicide.
- Child passenger: If you have a passenger under the age of 16 in the vehicle during a DWI, you can be charged with child endangerment.
Felony convictions carry harsher penalties, result in a permanent criminal record, and cannot be sealed. If your case involves any of these factors, reach out immediately for legal assistance and representation.
What Happens to My Driver’s License After a DWI?
Once you are determined to be drinking and driving, a second case begins alongside your criminal case that affects your driving privileges. This is a separate administrative case, where different rules and timelines apply.
After your arrest, the police officer takes your physical license and gives you a notice of suspension. This serves as your temporary driving permit for 30 days. After 30 days, you cannot legally drive unless you have taken proactive action to challenge the suspension.
To challenge the suspension, you must request an administrative hearing within seven days of your arrest date.
Sometimes, people will opt to request a restricted license with an ignition interlock device. This is a device that requires you to blow into it and show that you do not have alcohol in your breath to start. With a restricted license, you may be able to drive to work, school, medical appointments, and other limited places. However, restricted licenses are not granted if you refused the chemical test in violation of the implied consent law or drugs were involved in your arrest.
If your license is suspended as a result of a DWI, you will need to take several steps before you can restore your driving privileges, as this process is not automatic. According to the Arkansas Department of Finance & Administration, these steps include:
- Completing a state-sanctioned drug and alcohol education or treatment program and submitting the original signed completion certificate to Driver Control
- Attending a Victim Impact Panel class and submitting a completion certificate to Driver Control
- Installing an ignition interlock device in your vehicle for a period of time equal to your driver’s license suspension time and submitting a Confirmation of Interlock Requirement form to Driver Control
- Paying a reinstatement fee
- Passing all phases of the Arkansas Driver’s License Exam if your license was revoked
What Is the Arkansas Implied Consent Law?
Like most states, Arkansas has an implied consent law that provides advance consent to submit to chemical testing if you are arrested for DWI by virtue of driving in the state. This means that a law enforcement officer can ask you to take a breath, blood, or urine test to detect drugs or alcohol after your arrest. If you refuse in violation of the implied consent law, you can face penalties, which depend on how many times you have refused, ranging from 180 days’ license suspension for a first-time refusal to a lifetime license revocation for a fourth refusal.
Refusing the test can also be used as evidence against you in your DWI case.
What Are DWI Defenses I Could Raise
The particular defense that may prove most effective in your case will depend on your specific situation, but some common defenses that criminal defense lawyers raise in these types of cases include the following:
- Illegal traffic stop: Police officers must have reasonable suspicion in most cases before they can initiate a traffic stop. This goes beyond a mere hunch and requires them to be able to articulate specific facts as to why they suspected you were impaired.
- Justification for poor field sobriety tests: Law enforcement officers sometimes use failed field sobriety tests to justify DWI arrests. However, sober people can even fail these tests due to test instructions not being given properly, their footwear, language comprehension problems, or medical issues.
- Chemical testing issues: Criminal defense attorneys may argue that chemical test results are not accurate because the breathalyzer machines were not properly calibrated, the operator did not conduct the test correctly, or blood samples were not stored properly.
Contact Our DWI Defense Lawyers for a Confidential Consultation
If you were arrested for DWI, contact Horton Law. We can discuss your case during a confidential case review.