In Arkansas, you can get a DWI if you drive or are in physical control of a vehicle with a blood alcohol concentration (BAC) of .08% or higher, regardless of whether your driving ability was actually impaired. However, you can also get a DWI for driving while "intoxicated" if your "reactions, motor skills, and judgment are substantially altered" as the result of ingesting alcohol, drugs, or other intoxicants, or any combination of these. And the law in Arkansas says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Arkansas and other details about Arkansas DWI law.
In Arkansas, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DWI?
Here are the consequences for not taking a breathalyzer or blood test in Arkansas, broken out by whether this is your first, second, or third offense:
|
1st offense |
2nd offense |
3rd offense |
|
6 month license revocation |
2 year license revocation |
2 year license revocation |
In Arkansas, when do police have to measure your BAC?
In Arkansas, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DWI even if your BAC is taken later than this time.
What is the maximum BAC for drivers under 21 in Arkansas?
In Arkansas, the maximum BAC for drivers who are under 21 (considered minors under some drinking and driving laws) is .02% (or merely "under the influence," which could mean a BAC of less than .02%). Persons under 18 convicted of DWI will lose their license for an unspecified period of time.
What are the minimum jail times for a DWI in Arkansas?
Here are the minimum jail times for a DWI in Arkansas, broken out by whether this is your first, second, or third offense:
|
1st offense |
2nd offense |
3rd offense |
|
24 hours jail - OR community service |
7 days jail - OR 30 days community service |
90 days jail - OR 90 days community service |
How long will prior DWI convictions remain relevant for sentencing purposes in Arkansas?
In Arkansas, prior DWI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for ten years (five years for license-related penalties).
Can a DWI be "pleaded down" to a "wet reckless" in Arkansas?
No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.
If you are interested in contacting a lawyer, you can find a DWI lawyer in your area in Nolo's Lawyer Directory.
Are ignition interlock devices (IIDs) required for convicted DWI offenders in Arkansas?
No, they aren't required, but it's within the court's discretion to order use of an interlock device for up to one year following the end of the license suspension, for first or second offenses.
Where can I get more information about DWI laws in Arkansas?
Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DWI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Arkansas DWI attorneys in your area.
For more information about the legal limit, see the Blood Alcohol Level Chart
Last updated on 09/01/2010.