First Offense DWI in Arkansas

In Arkansas, a first-time DWI offense may result in significant personal, legal, and financial ramifications. An Arkansas DWI violation is a criminal offense that may lead to hefty fines, reputational damage, and jail time. The harsh penalties for DWI offenses in Arkansas emphasize the state's tough stand against repeat offenses and its commitment to protecting the lives of individuals within its jurisdiction.

Note: Unlike some states, Arkansas refers to operating a vehicle while impaired by alcohol or drugs as Driving While Intoxicated (DWI).

What Qualifies as a First DWI in Arkansas?

Arkansas laws define a first DWI offense as operating a vehicle while under the influence of alcohol, drugs, or a combination of both for the first time or after ten years of a previous violation. Per Arkansas laws, an individual commits a DWI violation by driving a vehicle under significant impairment of reactions, motor skills, and judgment due to the consumption of alcohol, controlled substances, or other intoxicants.

Drivers in Arkansas are liable for a DWI conviction if their Blood Alcohol Concentration (BAC) is 0.08% or higher. The BAC is the percentage of alcohol in 100g of blood or 210 liters of breath when using a breathalyzer.

In Arkansas, the allowable BAC for drivers depends on the type of driver's license. Adult drivers 21 years or older must have BAC levels below 0.08%, while those under 21 have a legal limit of 0.02%. The BAC limits for commercial drivers are lower. The legal BAC limit for commercial drivers is 0.04% for those 21 or older and 0.02% for individuals under 21.

At Arkansas sobriety checkpoints, law enforcement officers determine impairment through observations at the scenes, behavior and speech patterns, chemical tests (including urine and breath tests), and Field Sobriety Tests (such as walk-and-turn, Horizontal Gaze Nystagmus, and One-Leg Stand).

Possible Penalties for a First Offense DWI in Arkansas

A first DWI violation in Arkansas is a misdemeanor with penalties ranging from fines to license suspension and jail terms. The penalties for DWI in Arkansas include:

• Fines ranging from $150,00 to $1,000.00 with a potential $300.00 court fee
• A jail time of 24 hours to 1 year, which potentially increases to a minimum of 7 days if there is a passenger below the age of 16 years
• A six-month license suspension
• Mandatory state-approved alcohol education or treatment program
• Ignition Interlock Device (IID) if the offender seeks a restricted license
• Probation (as part of the sentencing).

Do You Lose Your License for a First DUI in Arkansas?

Arkansas automatically revokes a driver's license for a first-time DWI violation. Ark. Code § 5-65-402 mandates that law officers confiscate offenders' licenses and permits and issue a Notice of Suspension/Revocation and a 30-day temporary driving permit upon arrest.

The license suspension/revocation is for 6 months if the offender fails a chemical test or 6 months (this may vary between 6 months and 3 years) for refusal to submit to a chemical test. Nonetheless, the driver has the right to request an administrative hearing separate from a criminal DWI trial within 7 days of receiving a notification for the license suspension from the Office of Driver Services (ODS). If there is a conviction, the court may issue an additional 6 months suspension (or more for a repeat offense).

Arkansas law permits DWI offenders to obtain restricted driving permits (hardship licenses) to drive to work, school, medical appointments, and court-ordered programs during the license suspension period. To be eligible for a hardship license in Arkansas, offenders must:

• Apply through the Office of Driver Services
• Install an Ignition Interlock Device (IID) on their vehicles
• Pay all applicable reinstatement and permit fees.

What Is the Implied Consent Law in Arkansas, and How Does It Affect First DUI Cases?

Under the Arkansas Implied Consent Law, any individual holding an Arkansas driver's license or operating a vehicle within the state automatically agrees to chemical testing during a lawful arrest for a DWI offense, including breath, blood, urine, and saliva tests. Refusing to submit to a chemical test may result in an automatic 6-month license suspension by the Office of Driver Services and admissible evidence in a court trial, and the offender may also become ineligible for a hardship license.

Nonetheless, offenders may request administrative hearings to contest their penalties for refusing chemical testing through written requests to the Office of Driver Services (ODS) within 7 days of their suspensions.

Is an Ignition Interlock Device Required for a First DUI Offense in Arkansas?

In Arkansas, an Ignition Interlock Device (IID) is mandatory for DWI offenders seeking to regain driving privileges during or after license suspension. Section 5-65-118 of the Arkansas Code requires the Office of Driver Services (ODS) to mandate first-time violators applying for restricted driving permits to install IIDs for 6 months (or any court-imposed duration ) on any vehicle they intend to operate irrespective of BAC level, refusal to submit to chemical testing, or other aggravating factors. Also, they must provide proof of installation and submit periodic reports for their IIDs. In Arkansas, the financial costs for installing, calibrating, monitoring, and maintaining an IID fall on the offender.

Can a First DUI Be Dismissed or Reduced in Arkansas?

Generally, Arkansas DWI offenses are not eligible for reduction due to the state's strict laws. However, offenders may petition the court for dismissals if:

• Law enforcement does not have probable cause to initiate the traffic stop
• There are procedural errors during the Field Sobriety Tests
• Law officers fail to read the offenders their Miranda rights
• The testing equipment malfunctioned during the arrests
• The arresting officers lack sufficient evidence to prove impairment beyond a reasonable doubt.

Additionally, the courts may permit the expungement of first-time DWI offenses under the Arkansas First Offender Program if the offenders plead guilty or do not contest the charges.

Long-Term Consequences of a First DWI

A first DWI conviction in Arkansas may stay indefinitely on records and have significant personal, legal, and financial implications. Unless the courts dismiss or expunge DWI conviction records in Arkansas, they remain visible and accessible to law enforcement, licensing agencies, employers, and the public, with potential negative impacts on job prospects, insurance, and personal status. For instance, a first may lead to car insurance cancellation or higher premiums and may limit opportunities in roles requiring clean driving records.

Do You Need a DUI Attorney in Arkansas?

Arkansas law does not mandate attorneys for DWI trials. However, hiring an experienced Arkansas-licensed attorney for a DWI trial is advisable for several reasons. Experienced Arkansas DWI attorneys may thoroughly review prosecution evidence and probable causes for traffic stops, the accuracy and proper administration of Field Sobriety Tests, respect for their clients' constitutional rights, and request dismissal of charges against the client if possible. Additionally, an attorney may request the expungement of DWI records for their clients under the Arkansas First Offender Act.