The blood alcohol limit in Arkansas is a 0.08 BAC, unless you are driving a commercial vehicle. If you are driving a commercial vehicle then the maximum blood alcohol limit is a BAC of 0.04. Finally, drivers under 21 years old may not legally drive if their BAC exceeds 0.02.
If you refuse to take a breath, blood or urine test after being arrested for DUI/DWI in Arkansas, or if the results of your test were 0.08% BAC or above, your license will be suspended 30 days after the arrest unless you or your attorney take appropriate action to demand an administrative hearing within 10 business days after arrest. Additionally, if you refuse to take a chemical test, according to Arkansas’ implied consent law, your license will be suspended for 180 days on top of the penalties accompanying your DUI/DWI conviction.
A first time DUI/DWI conviction in Arkansas carries the following penalties:
Penalties for a second drunk driving offense, within 5 years of the first, include:
A third drunk driving conviction, within 5 years of the first, will result in the following penalties:
A fourth drunk driving conviction, within 5 years of the first, is considered a felony. Accordingly, you may face the following penalties:
Any subsequent drunk driving conviction, within 5 years of the first, will also result in a felony and even harsher penalties, including a lengthier jail sentence.
Both Driving Under the Influence (“DUI”) and Driving While Intoxicated (“DWI”) are considered the same offense in Arkansas. Accordingly, Arkansas authorities will use the two terms interchangeably.
You have to take affirmative actions to get your license back. This will not happen automatically and your license will remain suspended after the sentence is up if you do not do the following:
Remember it is your job to know when your suspension is up and to get this done.
The actual suspension will come down to various factors, but generally, it breaks down as follows:
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.