Arkansas, home of former United State’s President Bill Clinton and known as the Natural State, is also home to the some of the nation’s harshest DWI laws. Grass-roots programs such as MADD (mothers against drunk driving) have lobbied in Washington D.C. to increase the penalties for convicted drunk drivers (both DWI and BWI). If you find yourself in the situation, please read this important information below.
The Penalties for DWI in Arkansas
After you’ve been arrested, you’re probably aware that you have to appear in criminal court. For a first-time offense, the judge can sentence you from 1 day to 1 year in jail, put you on probation and enroll you in community service. Your fine can range from $100 to $1000. The judge may also order your vehicle to be impounded and have you enroll in an alcohol treatment program. On top of these charges you’ll face in court, you’ll also most likely have increased insurance rates and your travel may be restricted.
The Administrative License Suspension
Completely separate from your criminal case, you’ll have a hearing with the Arkansas Department of Finance and Administrative Office of Motor Vehicles. Within 7 days after your DWI arrest date, you must request a hearing or your license will be suspended for 120 days for a first-time offense.
Your BAC
BAC is your blood alcohol content. Arkansas defines you as Driving Under the Influence if your BAC reaches .08% or higher. To determine your BAC level, police will ask you to submit to a chemical test. While you can say no, please understand that this results in its own penalties. The three types of tests are blood, breath or urine. Blood and urine tests must be administered by trained medical professionals; police can conduct a breath test.
What is a Field Sobriety Test?
If the Arkansas police asked you to step out of your vehicle and perform tests, this was a field sobriety test. Arkansas police tend to use the HGN (horizontal gaze nystagmus), the One Leg Stand and the Walk and Turn. From involuntary eye jerking to loss of balance, these tests are looking for symptoms that are often associated with consuming alcohol.
Zero Tolerance
If you’re under 21, you cannot have a BAC while driving or you will be subject to adult penalties and charged with DWI.
Ignition Interlock System
This device is sometimes ordered by Arkansas’ courts if your BAC was over .18%. You must breathe into this machine alcohol-free in order to start your car.
Remember, if you’re charged with a DWI in Arkansas, you haven’t been convicted yet. Hire a qualified DWI attorney to represent you and win your case!
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