{"id":371725,"date":"2016-04-11T01:21:00","date_gmt":"2016-04-11T06:21:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/what-are-the-arkansas-dwi-laws.html"},"modified":"2024-01-27T23:36:56","modified_gmt":"2024-01-28T04:36:56","slug":"what-are-the-arkansas-dwi-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/what-are-the-arkansas-dwi-laws.html","title":{"rendered":"Arkansas DWI Laws"},"content":{"rendered":"\n
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Arkansas DWI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Driving under the influence of an intoxicant is a dangerous offense. It can result in serious criminal charges. If charged with driving while intoxicated (DWI) in Arkansas, you could spend at least 24 hours in jail and up to six years. And while the fines and penalties associated with a DWI conviction range from $150 to $5,000, legal fees and missed work can add up to much more.<\/p>\r\n

Understanding the law will help you avoid costly mistakes behind the wheel of your car, truck, or motorcycle. And knowing your legal options is key when charged with a DWI in Arkansas. Below is an overview of Arkansas DWI and DUI laws.<\/p>\r\n\r\n

Arkansas DWI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Arkansas DWI Laws: Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n6 months, 2 years, 30 months<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes (4th offense)<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes (mandatory for all convictions)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

Driving While Intoxicated in Arkansas<\/h2>\r\n

Arkansas DWI laws prohibit the operating or being in actual physical control of a motor vehicle or motorboat with a blood alcohol concentration (BAC) of 0.08% or more or while under the influence of a controlled substance or an intoxicant. The BAC limit is 0.04% if you are operating a commercial vehicle.<\/p>\r\n

You face a driving under the influence (DUI) arrest if you are under 21 and you have a blood alcohol level of 0.02%. You can be charged with the adult DWI offense if you are a minor with a BAC of 0.08% or more.<\/p>\r\n

Being in actual control<\/i> means you don’t have to be driving to face a DWI charge. You could be sitting in your vehicle or have the boat anchored. A law enforcement officer can take many factors into consideration when deciding if you might be able to put the vehicle in motion.<\/p>\r\n

You also don’t have to be in a car or truck. A motor vehicle can be any device with a motor or that can be human-powered. This included bicycles, mobility scooters, and golf carts.<\/p>\r\n

Arkansas Implied Consent Law and Chemical Tests<\/h2>\r\n

Having a boating or driver’s license is a privilege. You agree to abide by the state boating and driving laws as part of this privilege. If you are a licensed motorist in Arkansas, you have consented to have your breath, urine, or other bodily fluid tested when a law enforcement officer has a reasonable suspicion you are driving while intoxicated. These chemical tests determine the extent of your impairment. Test results are evidence of your impairment.<\/p>\r\n

While you can refuse to comply when a police officer asks you to submit to a breath test, blood test, or to supply urine samples, you will lose your driving privileges for at least 180 days, regardless of whether you were actually intoxicated. A second refusal within five years will increase your suspension period to 24 months.<\/p>\r\n

Criminal Penalties<\/h2>\r\n

Arkansas DWI and DUI laws prohibit plea bargaining or reducing charges in impaired driving cases. You also may not serve pre-trial probation to have your charges dismissed.<\/p>\r\n

DWI is a misdemeanor charge unless you receive four convictions within five years. If found guilty (or you plead guilty), you will undergo a presentence screening and assessment. This screening will examine your driving record, and you will undergo an alcohol evaluation. It may include victim impact statements.<\/p>\r\n

Other criminal penalties include:<\/p>\r\n