Second Offense DWI in Arkansas

In Arkansas, driving while intoxicated (DWI) and driving under the influence (DUI) are two serious alcohol-related charges. According to Arkansas Code § 5-65-103, it is unlawful for any person to have physical control of a motor vehicle while intoxicated or under the influence of an alcoholic beverage. A DWI in Arkansas occurs when a driver (over the age of 21) has a blood alcohol content of 0.08% or higher. DUI also occurs when the driver (under 21) has a BAC of 0.02 % or less than 0.08%. A violation of this law is a misdemeanor that attracts fines and penalties.

A second DWI/DUI offense in Arkansas usually carries penalties that are significantly more severe than a first DWI/DUI offense. The state substantially imposes strict penalties for repeat offenders to control impaired driving that poses a danger to the public.

Is a 2nd DWI a Felony in Arkansas?

In Arkansas, second DUI/DWI offenses within 10 years are classified as misdemeanors. If a person receives a fourth DUI/DWI within 5 years, the offense automatically becomes a felony. Other factors that can elevate a misdemeanor to a felony conviction include:

• The offender driving with a child under 15 years (state jail felony)
• The offense resulting in a bodily injury
• The DUI/DWI violation leads to a death (second-degree felony)
• There are two prior convictions before the third DUI/DWI arrest, leading to a felony conviction.

What is the Lookback Period for a Second DWI in Arkansas?

The lookback period is the time a DUI conviction is used to determine the severity of penalties for future offenses. Currently, the lookback period in Arkansas is 10 years. The specifics surrounding second DUI penalties depend on the number of prior offenses a person has had within the lookback period. This means that prior DUI convictions in Arkansas can be used to adjust the penalties of a new DUI charge if it happened within the lookback period of 10 years.

What are Aggravating Factors in a Second DWI?

Aggravating factors in a second DUI/DWI case generally increase the severity of the offense and, consequently, the penalties of the second DUI charge. Some of these factors include:

• High BAC (above 0.08%)
• Speeding or reckless driving
• Causing an accident that leads to injury and death
• Having a child below the age of 15 in a motor vehicle
• Driving on an expired license or insurance

When it comes to taking control of a motor vehicle under the influence, certain situations can escalate a DUI charge into something severe. If the court identifies grossly aggravating factors, defendants may face increased fines, longer license suspensions, and extended jail time.

What Happens If You Get a 2nd DWI in Arkansas?

In Arkansas, the penalties become more severe for individuals convicted of a second DUI/DWI offense within a 5-year period. The following are the consequences for second-time offenders:

• Fines ranging from $400 to $3,000 (depending on the case)
• Jail time for a second offense charge will be between 7 days and 1 year in jail (subject to 30 days of community service after jail time)
• Driver's license revocation or suspension for 2 years (24 months)
• Ignition interlock restricted license

How Long Does a Second DWI Stay On Your Record in Arkansas?

A second DUI/DWI conviction in Arkansas will remain on a criminal record permanently and could increase the penalties for any subsequent DUI conviction over the next 10 years. However, a criminal record can also complicate one's life beyond the penalties for a DUI. It may influence a person's job opportunities, loan application, housing, personal reputation, and pending child custody cases.

How Much Does a Second DWI Cost in Arkansas?

In Arkansas, a second DUI/DWI offense is a misdemeanor that includes fines ranging from $400 and $3,000. A DUI offender will also be responsible for additional fines, court costs, and fees, adding up to several hundred dollars. The following is a possible breakdown of expenses for a second DUI/DWI offense:

• Court fees (depending on the complexity of the case and the Attorney)
• The reinstatement fee for a driver's license after a DWI conviction is around $150
• Insurance rates increase by 50% to 100% after a DWI conviction
• The ignition interlock device (IID) installation fee is between $70 and $150
• IID check and maintenance may cost $60 to $80 monthly.

Chances of Going to Jail for a Second DWI in Arkansas

The violation of a second DUI offense in Arkansas can attract a minimum of 7 days to a maximum of 1-year jail sentence. However, the length of incarceration could depend on specific circumstances. Due to aggravating factors, the court may impose alternatives to jail time or increase the length of imprisonment for second DUIs.

Driver's License Suspension for a Second DWI in Arkansas

A second DUI conviction in Arkansas may result in a 2-year driver's license suspension within the last 5 years (AR Code § 5-65-104). This revocation or suspension period may change in the presence of aggravating factors. For instance, an underage second DUI conviction can extend the suspension of a person's driving privileges for one year.

DUI drivers may not have to lose their driver's license in certain circumstances. Upon request, the suspended driver may be qualified to apply for a restricted license through the Arkansas Department of Finance and Administration (DFA). A restricted license generally limits when and where the holder can drive and requires the installation of an IID. However, the driver will be required to show proof of financial responsibility in the form of an SR22 before the DFA issues a restricted license or reinstates the license at the end of the suspension period. An SR-22 is a document that proves that a driver carries the state's minimum required liability insurance.

Ignition Interlock Device Requirement

The court may require second DUI offenders to install the involved vehicles with ignition interlock devices (IID) for 1 year after the end of the license suspension period or on the date of conviction (AR Code § 5-65-118). An IID is a breathalyzer-like machine that requires the driver to submit a breath sample. The device works by detecting alcohol, causing the vehicle to stop moving. A driver with a suspended driver's license will be required to pay all expenses for the installation and maintenance of the IID till the license suspension period is over.

DWI School and Substance Abuse Treatment

According to AR Code § 20-64-902, alcohol and drug abuse treatment programs offer persons any service that assists the person in understanding of alcoholism and drug dependency problems. A DUI person with suspended driving privileges is required to complete Alcohol Education Programs through the Department of Human Services.

The program exposes DUI convicts to screenings, classroom instructions, appropriate treatment recommendations, and referrals for treatment services. Participants must undergo alcohol and drug assessment sessions and may be subject to further substance abuse evaluations at the end of the program. The court will review the evaluation results and can order the offender to complete drug education classes and treatment programs. The treatment program may issue a completion certificate to the driver to reinstate driving privileges.

Probation Conditions

The court can impose probation on DUI offenders as part of a penalty sentence in Arkansas. During probation, offenders are mandated to comply with certain requirements, which can lead to more severe penalties, including jail time. The following are standard terms of probation for a second DUI arrest in Arkansas:

• Active participation in alcohol and drug treatment and sobriety classes
• Compliance with court order to participate in state-licensed evaluative programs (AR Code § 5-64-413(b))
• Mandatory and regular meetings with probation officers.

Community Service Requirements

In Arkansas, the court may impose mandatory community service as part of sentencing for a second DUI/DWI conviction. It may increase in terms of hours or days, depending on aggravating factors that could cause injuries and, eventually, death. The penalties for underage (under 21 years of age) drinking and driving (UDD) in Arkansas include 30 days of community service. It serves as an alternative to jail sentences and could involve completing a drug and alcohol education or treatment program, attending a Victim Impact Panel, and installing an ignition interlock device.

Impact on Auto Insurance

Insurance companies view second DUI/ DWI convictions in Arkansas as the most serious indicators of risky driving habits. DUI drivers can expect car insurance rates to increase significantly, leading to insurance coverage cancellations and policy nonrenewal. However, some insurance companies may be willing to write policies for high-risk drivers.

DUI offenders can take steps to potentially reduce insurance rates by filing the SR-22 form, proving that the offender carries the minimum liability coverage required by Arkansas law (AR Code § 27-22-104). Alternatively, the insurance company may increase the offender's auto insurance premiums at the subsequent policy renewals or terminate indefinitely.

Which Courts Handle DWI Cases in Arkansas?

Arkansas DWI Court has jurisdiction over cases involving repeat DWI offenders who are also struggling with substance abuse issues. The court targets offenders not deterred by traditional sanctions, such as jail, and are most resistant to behavior change, as seen by their repeat convictions. These courts in several districts and counties may handle misdemeanors and felonies across the state.

The following is a list of courts in Arkansas that handle DWI cases, with their contact information:

Benton County Circuit Court
102 NE A Street,
Bentonville, AR 72712
Phone: (479) 271-1015
Fax: (479) 271-5719

Garland County District Court
607 Ouachita Ave,
Suite 150,
Hot Springs, AR 71901
Phone: (501) 321-6765
Fax: (501) 321-6764

Independence County District Court
549 W. Main Street,
Batesville, AR 72501
Phone: (870) 793-8817
Fax: (870) 793-8875

Sebastian County Drug Court
901 South B Street,
Room 204,
Fort Smith, AR 72901
Phone: (479) 784-1507
Fax: (479) 783-1193

Washington County Circuit Court – Division IV (Drug Court)
280 N. College Ave,
Suite 302,
Fayetteville, AR 72701
Phone: (479) 444-1538
Fax: (479) 444-1537.

The Arkansas Department of Transportation is primarily responsible for administering the State of Arkansas vehicle registration, title, and lien perfection laws. Individuals can search for specific sections on license hearings, appeals, or motor vehicle regulations.

Central Office
10324 Interstate 30,
Little Rock, AR 72209
Phone: (501) 569-2000

Mailing Address:
P.O. Box 2261
Little Rock, AR 72203-2261.

Arkansas Driver Services is another division within the Arkansas Department of Finance and Administration (DFA) responsible for administering and enforcing state laws on driver's licenses and identification cards.

Individuals can request information about license hearings and appeals at the Arkansas Office of Motor Vehicle (Driver's Services) at different locations, including:

Bentonville Driver Control Office
905 SE 28th,
Suite 7,
Bentonville, AR 72712
Phone: (479) 254-1808

Conway Driver Control Office
2665 Donaghey Ave.,
Suite 110,
Conway, AR 72032
Phone: (501) 329-5056

Forrest City Driver Control Office
2308 N. Washington,
Forrest City, AR 72335
Phone: (870) 633-5971

Mountain Home Driver Control Office
200 E. 8th,
Ste. 103,
Mountain Home, AR 72653
Phone: (870) 425-9717

Russellville Driver Control Office
105 S. Rochester,
Russellville, AR 72801
Phone: (479) 968-1697.

Can You Get a DWI on a Horse in Arkansas?

No. Arkansas is not a state where being under the influence of an intoxicant while riding a horse is going to cost a DWI. The law defines DWI or DUI offenses as a type of crime committed when a person takes physical control of a motorized vehicle (AR Code § 5-65-103). However, a person can be charged with public intoxication, which involves riding a horse in a public place while intoxicated.