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When a person is arrested
for a DWI in Arkansas, two separate cases are
started, and each case requires a legal defense.
First, there is the criminal case, which may
result in jail time, fines, required attendance
at substance abuse programs, suspension of
driving privileges, and possibly an ignition
interlock device installed on your car. There
is also the Arkansas driver’s license
case in which your driving privileges
may be suspended. Please
note, the Arkansas Department of Finance & Administration
Office of Motor Vehicles will promptly suspend
the driving privileges of anyone who is arrested
for Arkansas DWI and does not request a hearing
within 7 days of the DWI arrest.
There are two theories under which DWI charges
can be brought. First, Arkansas DWI law has
a "common-law" DWI charge, which
can be brought against a driver who is impaired
by alcohol or drugs. The prosecutor proves
impairment with evidence such as testimony regarding the defendant's driving pattern, field sobriety
test performance, the appearance of the defendant at the
time of the offense, and chemical test results.
No Blood Alcohol Content (BAC) is required
to prove a case under this common-law DWI charge.
The second, and most common theory is the “per
se” DWI charge, which is not
concerned with impairment, but instead,
the government only has to prove that the driver’s
BAC was .08% or higher. Impairment is not an
element of this theory as this theory
is based solely on body chemistry.
Arkansas DWI law requires that upon arrest
for a DWI, the defendant must provide a sample
of their blood, breath, or urine for testing
in order to determine the alcohol content for
the per se charge discussed above. Refusal
to provide a sample can be introduced as evidence
of guilt at a trial, and in addition, may result
in your driver’s license being taken
away in the driver’s license case.
Refusal to provide the sample can be introduced
at trial as consciousness of guilt, and may
also result in additional administrative penalties
in the Arkansas DWI driver’s license
case. |
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Criminal Punishment:
For a first offense DWI, an offender
may receive a jail sentence from 1
day to 1 year, a fine from $150 up
to $1000, plus court costs around $300.
The court may also decide to order
community service instead of jail time.
If convicted of a second DWI, jail
time can be imposed from 7 days to
1 year. In the alternative, the court
may order at least 30 days community
service. An offender will also receive
fines from $400 to $3000, plus court
costs of $300.
A third DWI offense will result in
at least 90 days in jail, up to 1 year.
In the alternative, the court could
order at least 90 days of community
service. The offender will face fines
of at least $900 up to $5000.
A fourth DWI conviction is treated
as a felony. A defendant will receive
1 to 6 years in the state penitentiary,
or in the alternative, at least 1 year
of community service. Fines will be
imposed between $900 and $5000.
If convicted of a fifth DWI, it will
also be treated as a felony. The offender
will be sentenced to 2 years to 10
years in the state penitentiary for
the fifth and any subsequent DWI offense.
Not less than 2 years of community
service may be ordered in the alternative.
Fines between $900 and $5000 will also
be imposed.
Administrative Penalties:
The administrative penalties are imposed
in the Arkansas Department of Finance
and Administration, entirely outside
of the criminal courts.
For a first DWI offense, there is a
120 day suspension as long as the BAC
is under .18%. Restricted licenses
are available for work or school purposes.
If a defendant refused to take a chemical
test, driving privileges will be suspended
for 180 days.
If convicted of a second DWI within
5 years of the first offense, driving
privileges will be suspended for 2
years. After 12 months, restricted
licenses are available. If the defendant
refuses to take the chemical test,
there is a mandatory two year suspension
and no restricted license is available.
Following a third DWI, driving privileges
may be suspended for 30 months, with
no restricted license available for
one year. If the defendant refuses
to take chemical tests, they will have
their driver’s license revoked
for three years. No restricted permit
or license is available.
If convicted of a fourth DWI, your
license will be revoked for 4 years.
If you refuse to take chemical tests,
your driver’s license will be
permanently revoked.
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