Arkansas DWI Laws Have Changed!

[Note: An interlock is a breathalyzer installed on yoursuspension period. The new law allows 2nd and 3rd
car that you blow into before starting your car andOffense DWI's to obtain an interlock license after only
periodically thereafter. It is supposed to ensure that45 days, as opposed to 1 year. There is no change for
your BAC is under .02 before allowing your car to2nd and 3rd Offense Refusals; they are still prohibited
start or continue to run.]from any sort of relief. Unlike first-offense DWI's,
Getting a DWI in Arkansas just got a little bit costlier.repeat-offense DWI's do not appear to have a
Prior to July 31st, if you were charged with amandatory interlock requirement.
first-offense DWI (under a .15 BAC), then you couldIt should be noted that there are many legitimate
have a "free" work permit that allowed the accused toreasons why a person may not want to have an
travel to and from work without having an ignitioninterlock installed, such as the cost (roughly $150 for
interlock device (often referred to as an "interlock")installation and $60 per month), the embarrassment, the
installed on their car. Under the old law, as long ashassle of having to constantly blow into the interlock
there was not a Refusal also charged, then thewhile driving, and the real possibility that a mechanical
suspension period was 120 days. If you blew over a .15error or false positive could lock you out of your car
or were chargedwith a Refusal, then the suspensionand leave you or the driver stranded.
period was 6 months and you were required to installSo you're considering driving during your suspension
an interlock to be able to drive.period without having an interlock license? Bad idea.
Beginning July 31st, the work permit no longer existsFirst, if you are caught driving, the crime of Driving on a
(except for a first-offense DUI). Also, there is no longerSuspended License for DWI includes an automatic
any legal distinction between a BAC lower than .15 and10-day jail sentence. Second, as stated above, the
one that was .15 or higher. All first-offense DWI's andinterlock is mandatory, and you will not be able to get
or Refusals include a 6 month suspension, and youyour license back until, in addition to other requirements,
must have an interlock installed to be able to driveyou have had an interlock installed on your car for 6
during your 6 month suspension period (having anmonths. That is, unless you win your case in the
interlock license for 6 months is actually ameantime. In short, unless you win, there is no way
MANDATORY requirement for you to be able to getaround having an interlock in your car for 6 months if
your license back).you ever plan on driving legally again.
There IS one silver lining for accused drivers (actually,Luckily, it's not too late if you want to start up your
it's more of a "gold lining" for interlock retailers). The oldown interlock retailer to try to recoup some of those
law prohibited 2nd and 3rd Offense DWI's frominterlock fees. There shouldn't be any lack of business
obtaining any sort of relief (whether a work permit orthanks to our local lobbyists and legislators.
an interlock license) for the entire 1st year of each's