| Driving while intoxicated (DWI) is against the law in the | | | | results in a 180 day suspension, regardless of whether |
| state of Arkansas. The Arkansas DUI laws were | | | | you committed a DUI offense or not. The |
| designed to protect people using the roadways from | | | | administrative penalties for a second offense are a |
| injury and death due to the actions of drunk drivers. | | | | two year suspension with the possibility of receiving a |
| These laws can seem complex to someone who | | | | restricted work permit after one year of the |
| doesn't have a legal education because they have | | | | suspension. The penalty for a second chemical testing |
| different offense levels and different penalties | | | | refusal is a two year suspension with no possibility of |
| depending on a number of factors in each individual | | | | obtaining a restricted license. A third offense results in |
| case. Because these laws are so complex, it is | | | | a suspension period of 30 months with no possibility of |
| extremely important that you contact an Arkansas DUI | | | | a restricted license for at least one year. A third |
| lawyer if you have been arrested for driving while | | | | refusal to submit to chemical testing results in a three |
| intoxicated. Having a legal professional represent you is | | | | year suspension with no option of receiving a |
| your best chance for presenting the best defense | | | | restricted work license. Fourth and subsequent |
| during your trial and can give you a better chance of | | | | offenses result in a four year revocation of the driver's |
| winning than if you represented yourself. | | | | license for DWI. For refusal to submit to chemical |
| Driving While Intoxicated | | | | testing, a fourth offense results in the lifetime |
| There are two ways that a person can be | | | | revocation of your license. There are no exceptions to |
| prosecuted for driving while intoxicated in the state of | | | | this penalty. It is important that you have an Arkansas |
| Arkansas. One of these ways is based on the | | | | DUI lawyer represent you in DMV proceedings |
| impairment of the driver after consuming alcohol. With | | | | because the information gathered may help you in |
| this type of prosecution, the case is built around the | | | | your trial. If you have refused to submit to chemical |
| driver being too impaired to operate a motor vehicle. | | | | testing, it can also help to have your attorney refute |
| Driving habits, failure to perform sobriety tests | | | | the prosecutor's claim that your refusal indicates guilt |
| successfully, the physical appearance of the | | | | on your part. |
| defendant, and the smell of alcohol on the defendant | | | | Arkansas Criminal DUI Penalties |
| may all be taken into consideration in this type of DWI | | | | If you are charged with driving while intoxicated, you |
| case. The prosecutor does not have to prove any | | | | will not only face criminal charges, you will also face |
| particular blood alcohol concentration level. The second | | | | losing your license through the DMV. The criminal |
| type of DUI case is based on chemical testing, not on | | | | proceedings remain separate from the DMV |
| driver habits or behavior. In this type of DUI case, the | | | | proceedings and any penalties imposed by the court |
| defendant had a blood alcohol concentration level of | | | | are separate from penalties imposed by the DMV. |
| greater than the legal limit of 0.08%. Whether the | | | | The criminal penalties vary with the severity of the |
| defendant was actually impaired is not relevant in this | | | | offense, the number of prior DUI convictions, and other |
| type of case. The prosecutor simply has to prove that | | | | circumstances. Enhancements to these penalties can |
| the legal blood alcohol level was exceeded. Both types | | | | be made in specific situations. For a first DUI offense, |
| of cases have serious legal and administrative | | | | you can face one day up to one year in jail, court |
| consequences so it is important that you contact an | | | | costs of $300, and fines from $150-$1,000. The courts |
| Arkansas DUI lawyer immediately so you have | | | | may use community service as an alternative to jail |
| someone to guide you through the legal system and | | | | time for a first offense. A second DUI offense can |
| defend you both in court and at any Department of | | | | result in 7 days to one year in jail, a fine of no less than |
| Motor Vehicles proceedings. | | | | $400 all the way up to $3,000, and $300 in court costs. |
| Arkansas DMV Penalties | | | | The court may choose to replace jail time with a |
| Being charged with DUI means that you will have to | | | | period of no less than 30 days of community service. |
| deal with the Department of Motor Vehicles. The DMV | | | | If you have two prior convictions and are convicted a |
| can impose administrative punishments on you as a | | | | third time, you face 90 days to one year in jail and |
| result of your DUI charge. Because experience can | | | | fines of no less than $900 and no more than $5,000. |
| make these proceedings go more smoothly, it is | | | | The court may choose to replace jail time with no less |
| important that you contact an Arkansas DUI attorney | | | | than 90 days of community service. If you have three |
| immediately after your arrest so you can be | | | | prior convictions, a fourth DUI will be prosecuted as a |
| represented in both your criminal trial and any DMV | | | | felony, making the punishments more severe. You can |
| proceedings against you. The penalties imposed by the | | | | face anywhere from one to six years of jail time and |
| DMV vary based on any prior offenses as well as | | | | fines of no less than $900 and no more than $5,000. |
| your blood alcohol concentration level. For a first | | | | The court may substitute one year of community |
| offense with alcohol, the penalty is a 120 day license | | | | service for jail time if it is warranted. A fifth DUI charge |
| suspension as long as your blood alcohol level was | | | | is also prosecuted as a felony if you have four prior |
| less than 0.18%. You may be able to get a restricted | | | | convictions, as are any subsequent offenses. You can |
| license that allows you to commute to and from work, | | | | face anywhere from two to ten years in a state |
| but an Arkansas DUI lawyer would be your best | | | | penitentiary and fines of no less than $900 and no |
| source of information and advice. For a first offense | | | | more than $5,000. The court may choose to impose |
| with drugs, the penalty is a six-month license | | | | two years of community service as an alternative to |
| suspension. Refusal to submit to a chemical test | | | | jail time. |