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 driver's 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 driver’s license will be revoked.
It is extremely important to have your lawyer attend your DMV hearing with you if you hope to have any chance at retaining your driving privileges. The odds of retaining your license without the assistance of a DUI lawyer are stacked against you and for the few hundred dollars that a lawyer will charge for his or her service in this matter is small considering the alternative.
Arkansas DWI first offenders face jail time. The court can give a minimum of one day in jail and a maximum of one year. However, in less serious cases of Arkansas DWI, community service can replace incarceration in the sentencing. The arrest also carries a fine of between $150 and $1000. The offender is responsible for the $300 court costs. Second and third Arkansas DWI offenses carry longer jail times and steeper fees. A fourth DWI offense is considered a felony, with a minimum of one year of jail or community service time. The court can also require you to use an ignition interlock, which is a machine that requires you to pass a breath test before you can start your car. This is often done if your blood alcohol level tested higher than .18%.
An Arkansas DWI also carries penalties from the Arkansas Department of Finance and Administration. If your breath test was under .15 you will have your license suspended for 120 days. With the help of a lawyer, you may be able to get a restricted license to allow you to drive to and from work or school.
If you are pulled over on suspicion of an Arkansas DWI, you must provide a blood, urine, or breath test sample. If you refuse to do this, it is considered in court as admitting to your guilt, and your fees and license suspension time will increase. If you are pulled over, be sure to cooperate with the officers. After you have returned home, contact a lawyer as soon as possible to help you with your case.
You can expect to be asked to attend an alcohol driving education program in conjunction with your Arkansas DWI. The cost will be around $50 for the program. Your insurance will increase as much as $1,500 per year. Do not be surprised if your current insurance carrier refuses to keep you as a customer because a lot of insurance providers do not provide SR22 filings. We offer a free no obligation SR22 insurance quote.
When a person convicted of DWI in Arkansas obtains a restricted driver's license they will be required by the Arkansas DMV to carry SR22 insurance for a period of 3 years. We have partnered with the largest and most trusted SR22 insurance provider in Arkansas and have worked out a special discount only available here for our website visitors.
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