PUNISHMENT– DWI CRIMINAL COURT
Arkansas DWI or drunk driving arrests may be punished consistent with the following, subject to certain punishment enhancements, such as being DWI with children in the car, being involved in an accident while DWI, etc. Note that these punishments are separate and apart from the DWI driver’s license sanctions that are imposed in the administrative proceedings.
FIRST OFFENSE DWI:
o One day to one year in jail and a fine of $150 up to $1000, plus court costs of $300.00. The court has the discretion to order public service in lieu of jail.
SECOND OFFENSE DWI:
o Seven days to one year in jail OR no less than 30 days community service and a fine of no less than $400 nor more than $3000.00, plus court costs of $300.00.
THIRD OFFENSE DWI:
o 90 days to one year in jail OR no fewer than 90 days of community service and a fine of not less than $900.00 and no more than $5,000.00.
FOURTH OFFENSE DWI:
o A fourth-offense DWI is a felony in Arkansas. One year to six years in the state penitentiary OR not less than one year of community service. $900 to $5000.00 fine.
FIFTH OFFENSE DWI:
o A fifth-offense DWI is also a felony in Arkansas. Two years to ten years for the fifth or subsequent offense in the state penitentiary OR not less than two years of community service. $900 to $5000.00 fine.
o Arkansas DWI arrestees may be subjected to an ignition interlock requirement, but curiously, only those who can afford it are subject to this restriction. If an ignition interlock is ordered following an Arkansas DWI conviction, then you can drive only cars with interlock devices for up to one year after the person’s license is no longer suspended or restricted.
ADMINISTRATIVE DRIVERS LICENSE PENALTIES
These penalties are not imposed by the court system. In fact the judge cannot lessen or change these penalties. They are imposed entirely outside the criminal courts by the Arkansas Department of Finance and Administration.
FIRST OFFENSE DWI
o DWI (Alcohol): 120 days suspension if breath tests less than .15. Under some circumstances, you can get a restricted license for work or school purposes, but it is critical that you contact a lawyer at once to assist regarding this aspect of Arkansas DWI law.
o DWI (Drugs): Suspension for six months.
o CHEMICAL TEST REFUSAL: 180 DAYS. A driver who refuses a chemical test can get an interlock restricted license if the court allows it.
SECOND OFFENSE DWI:
o DWI (with chemical test): Suspension for 24 months for a second offense within 5 years of the first offense. After one year can get interlock and restricted license.
o REFUSAL: Two-year suspension. No restricted license is available.
THIRD OFFENSE DWI:
o DWI (with chemical test): Suspension for 30 months. No restricted license for one year.
o REFUSAL: Revocation for three years. No restricted permit or license is available.
ARKANSAS FOURTH OR SUBSEQUENT DWI:
o DWI (with chemical test): Revocation for four years.
o REFUSAL: Lifetime revocation. Period.
If you or someone you care about has been charged with DWI in Arkansas, please contact a qualified Arkansas DWI lawyer at once. Remember, there is limited time available to request an Arkansas DWI Drivers License Hearing. Please, dont delay.
Arkansas DWI laws state that a person is considered to be driving while intoxicated when their blood alcohol level is .08% or greater. Upon arrest for an Arkansas DWI charge your drivers license shall be surrendered to the arresting officer per Arkansas code 5-65-104. Minors with a blood alcohol level of .02% or greater are also considered DWI. Sometimes minors are referred to as DUI not DWI.
Any Arkansas DWI offense that occurs within 10 years of a previous offense shall be considered a subsequent offense and the defendant will be charged as such.
If you have been arrested on an Arkansas DWI charge, you must request an Arkansas DMV hearing immediately if you wish to retain your driving privileges. If you wait more than seven days from the date of the arrest, your drivers license will be revoked.
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation