What is a DUI and DWI in Arkansas?

In the State of Arkansas, a person is guilty of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) when impaired to the extent that their reactions, motor skills, and judgments are substantially altered, posing a danger of physical injury or death to themselves and other road users. In other words, a DUI or DWI is driving while impaired by alcohol or drugs, which is a serious traffic offense in the state. DUI Offenders are tried by the Circuit Courts for the criminal offense of endangering another person’s life. The Department of Motor Vehicles is responsible for imposing penalties for traffic offenses.

What is the Difference Between a DUI and a DWI in Arkansas?

In Arkansas, a DUI is used to refer to a juvenile driver who is intoxicated to the point of impairment, while DWI refers to an adult driver who is similarly impaired. Practically, DUI or DWI implies that the driver is:

• Driving under the influence of a controlled substance or intoxicants
• Driving while intoxicated with an alcoholic beverage or liquor
• Driving under the influence of the combination of a controlled substance and an alcoholic liquor
• Driving with a Blood Alcohol Concentration (BAC) of 0.08% or minor
• Driving as a minor with a BAC of 0.02% or more

What Happens When You Get a DUI for the First Time in Arkansas?

Once a person is arrested for a DUI, typically after after failing a sobriety test, the Department of Motor Vehicle (DMV) in Arkansas immediately revokes the license To get a reinstatement of the license for which a restricted license is given, an offender has to request a DMV hearing within seven days of arrest to avoid an automatic suspension of driver’s license. Failure to submit to the chemical test may increase the suspension of the driver’s license to 180 days. A BAC level below 0.15 may also reduce the suspension period of the license.

A first-time DUI offender may face a fine ranging from $150 to $1,000, plus a $300 court cost. A person found guilty of DUI might get up to a one-year jail sentence but not less than 24 hours. The penalty generally depends on the nature and the damage caused by driving while intoxicated. To potentially avoid a jail sentence or public service, an offender can present a defense. Some of the defenses that can be used in a trial court are:

• Sobriety check mistake committed by officer
• Biological conditions that makes a person’s BAC level go higher than the legal level
• Medical condition

How Likely is Jail Time After a First DUI in Arkansas?

After the first DUI, there is an increased possibility of jail time which increases with the number of DUI convictions. A second time offender may face at least 7 days jail time and at most one year. A third time offender may get at least 90 days jail time but not more than one year jail time. A fourth time offender is sentenced to a state prison for at least one year and at most six years. The fifth offender who is a habitual offender may be sentenced to at least two years but not more than ten years in a state prison.

What are the Typical Penalties for a DWI Conviction in Arkansas?

Several factors determine the penalty that is finally imposed on an offender; the severity of damage caused by a DUI offender, the number of convictions, and the offender’s refusal to submit to the chemical test, Etc. The typical penalties for a DWI conviction in Arkansas, according to the number of convictions, are:

• First time offender; The jail sentence of a first-time offender is at least twenty four hours and at most one year. Alternatively, the court may decide to impose public service in place of jail time. A first time offender may be fined $150, but not more than $1,000, including a $300 court cost. Such an offender gets a license suspension for six months or a restricted license for the suspension period.
• Second-time offender; The jail time is between 7 days and one year jail time or public service in place of the jail time. A second-time offender may pay at least $400 but not more than $3,000. A 24 months license suspension is inevitably followed by installing the (IID) restricted license for the suspension period.
• Third time offender; A third offense is a DUI committed for the third time within five years of the first offense. The jail sentence is not less than 90 days but not more than one year of jail time. The court can also order public service in place of the jail sentence. A fine of up to $900 but not more than $5,000 is imposed for a third offense. The offender gets a 30 months suspension of driver’s license.
• Fourth time offender; An offender convicted for DUI for the fourth time within five years is charged with a felony. For a fourth offense, an offender is sentenced for at least one year and, at most, six years in state prison. Such an offender’s vehicle may be impounded for three years and the driver’s license revoked for four years.
• Fifth-time offender; The fifth offense within five years may lead an offender to a jail sentence in state prison for at least two years and ten years. A fine of at least $900 but not more than $5,000. The driver’s license of the offender is revoked for four years, and the vehicle impounded for three years

How Long Does a DUI Stay on Your Record in Arkansas?

DUI offense for the first to the third time is considered a misdemeanor in Arkansas. DUI of a first to third offender stays on the driving record for five years after the completion of sentencing. The criminal records can also be expunged after five years of sentencing.

Records that are considered public may be accessible from some third-party websites. Operating independently of any government entity, these websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record results, volume, and availability may vary.

How do I Find DUI Checkpoints in Arkansas?

To find a DUI checkpoint, it is necessary to ascertain the legality. DUI checkpoints in Arkansas are legal, but they may be considered illegal if the officers in charge do not abide by the procedure. For instance, a DUI checkpoint can be illegal if:

• There is no established standard or protocol to follow in conducting the checkpoint.
• The decision to institute a roadblock was made by field officers
• The checkpoint operates to stop all on-coming traffic, such that it interferes with legitimate traffic.

DUI checkpoints in Arkansas can be found online using search engines.

Which is Worse: a DUI or DWI in Arkansas?

DUI is the same as DWI; the only difference between the terms in Arkansas is contextual. DUI is used when charging an underage person, while DWI is used when charging an adult. In practical terms, drunk driving or driving under the influence of controlled drugs are treated in the same way and the same penalty is applicable for both.

What is an Aggravated DWI in Arkansas?

In the State of Arkansas, the following make up for an aggravated DWI:

• Driving While Intoxicated with minors in the vehicle
• Having subsequent convictions after the first DUI conviction
• First DUI that results in a severe physical injury or death of another person.

What Happens When You Get a DWI in Arkansas?

A person who gets a DWI can either enter a plea bargain or defend the charge. Unfortunately, the Arkansas plea bargain statute does not allow for a reduction in sentencing as a result of an admission of guilt. A very good defense may produce a case dismissal or, at worst, a reduced sentencing that results in public service instead of jail time.