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.
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:
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.
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.
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.
A first-offense DWI is a misdemeanor. Potential penalties include the following:
Potential penalties for a second-time offense for DWI include the following:
The third-offense DWI is still a misdemeanor, but penalties can be stricter, including the following:
The fourth-time offense within ten years for a DWI in Arkansas is considered a felony. This offense carries much harsher penalties, including:
While most DWI offenses in Arkansas are charged as felonies, this offense can be charged as a felony under any of the following circumstances:
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.
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:
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.
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:
If you were arrested for DWI, contact Horton Law. We can discuss your case during a confidential case review.