• State Penal Code – AR Code Title 5, CH. 65
• Open Container Laws – No
• Repeat Offender Laws – Yes
• Check Points – Yes – Weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Arkansas are:

1st Refusal

• 6 month license revocation

2nd Refusal

• 2 year license revocation

3rd Refusal

• 3 year license revocation

• In Arkansas the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties

• 6 month license suspension
• fines up to $2000
• Community Service (time depends on judges discretion)

1st Offense

• 6 month suspension of driver’s license

• $150 – $1000 fine

• Prison (24 minimum, 1 year maximum sentence)

• Installation of Ignition Interlock Device

2nd Offense

• 2 year license suspension

• $400 – $3000 fine

• Prison (7 day minimum, 1 year maximum sentence)

• Installation of Ignition Interlock Device

• The term “Aggravated” is generally not used in the State of Arkansas.
• A BAC of .15 or above will result in a longer driver’s license suspension (at the judges discretion) period under any circumstances involving an arrest for DUI/DWI.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI/DWI conviction in a passenger/commercial vehicle will result in a one year CDL suspension
• A second DUI/DWI conviction in a passenger/commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges. Most, but not all states have SR-22 statutes
• In Arkansas an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Arkansas does allow plea bargains in DUI/DWI cases
• The likelihood of a successful plea bargain depends greatly on the circumstances of your DUI/DWI