About DUI & DWI Law in Arkansas, United States
Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Arkansas. Both terms refer to operating a vehicle while impaired by alcohol or drugs. Arkansas law sets specific limits for blood alcohol concentration (BAC), and being charged with DUI or DWI can lead to significant legal and personal consequences. Understanding your rights, responsibilities, and the potential penalties is vital if you are facing these charges in Arkansas.
Why You May Need a Lawyer
If you are charged with DUI or DWI in Arkansas, you may need legal guidance to navigate the complex legal system. Attorneys who focus on DUI and DWI cases can help in situations such as:
- Challenging the accuracy of breathalyzer or blood test results
- Defending against field sobriety tests that may not have been conducted properly
- Negotiating reduced charges or alternative sentencing, such as treatment programs
- Representing you in court and at administrative license hearings
- Advising on the potential impacts to your driving privileges, insurance, and employment
- Handling repeat offenses or aggravated circumstances like accidents or injuries
Having an experienced lawyer can mean the difference between a dismissal, a reduced sentence, and the harshest penalties available under the law.
Local Laws Overview
Arkansas has specific laws that regulate DUI and DWI offenses. Some key points include:
- The legal BAC limit for drivers 21 years and older is 0.08 percent. Commercial drivers are limited to 0.04 percent.
- For drivers under 21, a BAC of 0.02 percent or above can lead to a DUI charge.
- Refusing a chemical test results in automatic license suspension under Arkansas’s Implied Consent laws.
- Penalties increase for repeat offenders and for those involved in accidents resulting in injuries.
- In addition to criminal punishment, offenders may face civil penalties like license suspension and fines.
- Ignition interlock devices are often required for certain convictions, especially repeat offenses.
Understanding these facets of Arkansas law is crucial for anyone facing DUI or DWI charges.
Frequently Asked Questions
What is the difference between DUI and DWI in Arkansas?
DWI typically refers to operating a vehicle with a BAC of 0.08 percent or higher, regardless of impairment. DUI often applies to drivers under 21 or those with lower BAC but noticeable impairment.
What happens if I refuse a breathalyzer or chemical test?
Refusing a chemical test automatically results in a license suspension through the Implied Consent law, even before your criminal case is resolved.
Will I lose my license if convicted of DUI or DWI?
Yes, conviction usually results in a license suspension, the length of which depends on the number of prior offenses and other factors.
Are there increased penalties for repeat offenses?
Yes, repeat offenses carry harsher penalties, including longer license suspensions, larger fines, mandatory jail time, and installation of ignition interlock devices.
Can I get a restricted or hardship license after a DUI or DWI?
In some cases, you may qualify for a restricted license to drive to work, school, or treatment, usually if you install an ignition interlock device.
How long does a DUI or DWI stay on my record in Arkansas?
A DUI or DWI conviction stays on your record for five years for the purpose of determining subsequent offenses, but the criminal record may last longer.
What are the typical penalties for a first-time DWI offense?
A first-time DWI can result in jail time, fines, community service, license suspension, and required alcohol education or treatment.
Can prescription drugs lead to a DUI or DWI charge?
Yes, being impaired by any substance, including prescription or over-the-counter drugs, can result in a DUI or DWI charge if it affects your driving.
Will a DUI or DWI affect my insurance rates?
Yes, most insurance companies will raise your premiums or may even cancel your policy following a DUI or DWI conviction.
Do I need a lawyer for my DUI or DWI case in Arkansas?
While not required, having a lawyer is highly recommended to protect your rights, explore legal defenses, and potentially minimize the consequences.
Additional Resources
If you need more information or assistance regarding DUI or DWI in Arkansas, consider reaching out to these resources:
- Arkansas Department of Finance and Administration - Office of Driver Services
- Arkansas State Police
- Local County Courthouse or District Court
- Local chapters of Mothers Against Drunk Driving (MADD)
- Arkansas Bar Association - Lawyer Referral Service
- Substance abuse treatment and counseling centers in your area
Each of these organizations can provide information, support, referrals, or direct assistance as you deal with DUI or DWI matters.
Next Steps
If you are facing DUI or DWI charges in Arkansas, take the following steps:
- Do not ignore the charges or fail to appear in court. Missing deadlines can worsen your situation.
- Consult with a qualified attorney as soon as possible to review your case and discuss your options.
- Gather all documents, notices, and correspondence related to your case.
- Follow your lawyer’s advice regarding court appearances, license hearings, and interactions with law enforcement.
- Seek support if you are struggling with substance use issues, as treatment can be a positive step in your legal process.
Legal representation can make a significant difference in the outcome of your case and help protect your rights, your license, and your future.
Lawzana helps you find the best lawyers and law firms in Arkansas through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including DUI & DWI, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Arkansas, United States - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
