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Arkansas DUI Laws Penalties And Fines
Arkansas Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others.
In Arkansas, drunk driving is called Driving While Intoxicated (DWI), however DUI and DWI are used interchangeably on these Arkansas DUI pages.
Here is some basic information about Arkansas drunk driving laws:
Definition of Intoxication:
Arkansas Driving While Intoxicated (DWI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired (You can also be charged with “Alcohol Impairment” in Arkansas, if your BAC is over 0.04); or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Arkansas drivers under age 21 are DWI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Arkansas:
Adult Driver - DWI with BAC of 0.08 or higher
Commercial Vehicle Driver - DWI with a BAC of 0.04 or higher
Under 21 Driver – DWI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DWI in Arkansas is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had, but there’s really no good way to determine how much is safe to drink before you drive.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DWI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Arkansas
A drunk driving conviction in Arkansas has serious consequences, which become even more severe with repeat offenses. A DWI conviction in Arkansas remains on your record for five (5) years, for purposes of calculating repeat offense levels. Repeat offenses may also cause you to be adjudged an alcoholic or a habitual drug user, making you ineligible to obtain an Arkansas driver’s license.
The arresting officer confiscates an Arkansas DWI arrestee’s driver’s license immediately, pending an administrative suspension hearing, which you must request within 7 days of the date of your arrest. In most cases, you can apply for a hardship license, which allows you to drive for business, employment, or medical purposes, when a certain amount of time has elapsed from the date when your suspension began
