If you are arrested for drunk driving, it is imperative that you gain a basic understanding of the Arkansas DUI laws (they may also be called the Arkansas DWI laws). Nobody wants to be in this situation, but knowledge is power. The more that you understand how the legal system works, the better your chances may be of finding the best Arkansas DUI lawyers that can really help you.
As with the DUI laws in most states, the Arkansas DUI laws cover two areas: your driver’s license, and your criminal prosecution. Let’s face it, you need your driver’s license to get to work and have any sort of real life, but you can’t drive anywhere if you are sitting in a jail! We will start off with the DMV issues, and work our way into the criminal charges.
If you are arrested for a DWI, the Arkansas DUI laws require you to request a hearing with the DMV. If you do not request a hearing, your driver’s license will automatically be suspended. For the first DWI conviction, you will likely lose your driver’s license for 120 days for alcohol or 6 months for driving while under the influence of any drugs, or 180 days if you refuse to take the tests. For the second conviction, you may lose your Arkansas driver’s license for two years if this is your second drinking and driving conviction within 5 years, but you may be able to use an ignition interlock device after the first year. On your second conviction, if you refuse to take the tests, you will lose your license for two years, and you can not get a restricted license. For the third DUI conviction, you will likely lose your license for 30 months, but you may apply for a restricted license after one year. On the third DWI conviction, you will likely lose your driver’s license for three years if you refuse to take the test, and you can not get a restricted license in this period. For the fourth or subsequent conviction under Arkansas DUI laws, your driver’s license will be revoked for four years. If you refuse to take the drunk driving tests given by the police this time, your driver’s license will be permanently revoked!
The Arkansas DUI laws for the criminal prosecution of your DWI case may be grounded on either the DWI common law, or the Arkansas DUI per se laws.
Under the Arkansas DWI common law, the state may attempt to prove your guilt by showing that you were impaired while operating your vehicle. This impairment may be proven by evidence which shows your appearance when arrested, the results of the field sobriety tests, your driving pattern before being arrested, and the results of any chemical tests given. The state does not have to prove a particular blood alcohol level under this theory. They simply have to prove that you were “impaired”.
Under the “per se” theory of the Arkansas DUI laws, the state does not have to prove any impairment to convict you of a DWI. The prosecutor must simply prove that your blood alcohol level was at least .08% while you were operating a vehicle. This may be proven by a variety of tests.
For your first DWI offense in Arkansas, you may be sented to jail for between one day and one year. You will be fined between $150 and $1,000, plus the court costs of $300.
Under the Arkansas DUI laws, your second DWI conviction can lead to seven days to one year in jail. Community service of at least 30 days may be ordered instead. Your fines will be between $400 and $3,000, plus the court costs of $300.
For your third DUI conviction, you may be sented to prison for 90 days to one year. Community service for at least 90 days may be ordered instead. The fines for your third DWI may be between $900 and $5,000.
Your fourth conviction under the Arkansas DUI laws is treated as a felony. You may be sentenced to the Arkansas state penitentiary for between one and six years. Alternatively, you may be sented to one year of community service. You will also be fined for $900 to $5,000.
For the fifth DWI conviction in Arkansas (or greater), it is also treated as a felony. You will be sented to prison for two to ten years, or community service of at least two years. Your fine will be between $900 and $5,000.
In you are charged with a DWI in Arkansas, it is really important to make arrangements with Arkansas DUI lawyers as quickly as possible.