Free Arkansas Drunk Driving Defense FAQs | Free Arkansas Drunk Driving Defense Legal Documents

What Is A Dwi (Driving While Intoxicated)?

Mon, 04 Jun 2007 21:51:22 GMT

You may be charged with a DWI if you have a blood alcohol content of .10 or greater.

What Is A Dui (Driving Under The Influence)?

Mon, 04 Jun 2007 21:51:22 GMT

You may be charged with a DUI if you are under 21 and have a blood alcohol content of at .02 and less than .10. If you are under 21 and your blood alcohol is .10 or higher you will be charged w/ a DWI. DWI is a Class A misdemeanor.

What Are The Penalties For A First Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

One day to one year in jail and a fine of $150 up to $1000 fine plus court costs of $300.00. The court may order public service in lieu of jail, but the court shall include the reasons therefore in its written order or judgment.

What Are The Penalties For A Second Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

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 and court costs of $300.00.

What Are The Penalties For A Third Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

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 five thousand dollars..

What Are The Penalties For A Fourth Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

This is a felony. One year to 6 years in the state penitentiary OR not less than one year of community service. $900 to $5000.00 fine.

What Are The Penalties For A Fifth Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

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. This is also a felony.

Can The Court Impose An Ignition Interlock Device?

Tue, 29 May 2007 21:19:00 GMT

Only if you can afford it (Surely this is unique to American law and facially unconstitutional). 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.

What Are The Penalties For A Driving On Suspended License?

Tue, 29 May 2007 21:19:00 GMT

Penalty: Shall be imprisoned for ten days and may be assessed a fine of not more than one thousand dollars. ($1000.00). Also license plate SHALL be impounded if the suspension was caused by a DWI (§565106) and owned in whole or part by the offender. If it is in the best interest of dependents, a temporary substitute license plate can be issued.

Can I Refuse To Take A Test?

Tue, 29 May 2007 21:19:00 GMT

If you refused to take a breath, blood or urine test after being arrested for DUI/DWI in Arkansas, or if the results of your test were .08% bloodalcohol or above, your license will be suspended 30 days after the arrest unless you or your attorney take appropriate action to demand an administrative hearing within 10 business days after arrest.

What Are The Driving Privileges Suspension For A First Offense?

Tue, 29 May 2007 21:19:00 GMT

DWI/DUI (Alcohol) 120 days suspension if breath test under .18. Under some circumstances, you can get a restricted license for work or school purposes DWI\DUI (Drugs) Suspension for six months. REFUSAL 180 DAYS. If court orders an interlock restricted license, then the suspension period for which no restricted license shall be available shall be a minimum of 90 days. No restricted license under §565120.

What Are The Driving Privileges Suspension For A Second Offense?

Tue, 29 May 2007 21:19:00 GMT

DWI/DUI Suspension for 24 months for 2nd offense within 5 years of the first offense. After one year can get interlock and restricted license after one year. REFUSAL: Twoyear suspension. No restricted permits

What Are The Driving Privileges Suspension For A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

DWI/DUI Suspension for Thirty months. No restricted license for one year. REFUSAL: Revocation for three years. No restricted permit or license.

What Are The Driving Privileges Suspension For A Fourth Or Subsequent Offense?

Tue, 29 May 2007 21:19:00 GMT

DWI/DUI Revocation for four years. Even if it is the tenth DWI, it is only 4 years. REFUSAL: Lifetime Revocation.

If You Plead Guilty, What Happens After You Complete Your Suspension?

Tue, 29 May 2007 21:19:00 GMT

You have to take affirmative actions to get your license back. This will not happen automatically and your license will remain suspended after the sentence is up if you do not do the following:

Pay $75 reinstatement fee to Revenue Dept.
Show proof of attending DWI school
Show proof of insurance

Remember it is your job to know when your suspension is up and to get this done.

What Rules Apply To Taking A Breath, Blood, Or Urine Sample?

Mon, 04 Jun 2007 21:51:22 GMT

The Police Dept. will designate what test you take, not the officer. It is not your choice, except that you may decline a blood test if your are willing to take a breathalyzer or urine test The police shall be responsible for paying all expenses incurred in conducting the tests. If you request an additional test, you pay the costs. If you are found not guilty, then the police will pay this bill too. If you object to blood being drawn, they have to take breath or urine, so always object. All tests to be considered valid shall be performed according to methods approved by the Arkansas State Board of Health. §5065204(c) Defendant (you) has the right to have a qualified person OF YOUR OWN CHOICE administer a complete chemical test in addition to any test administered at the direction of a law enforcement officer. OFFICER MUST TELL YOU THIS IN WRITING. Also, if you request, full information concerning the test shall be made available to you or your attorney. §565203 (f).

When Can License Be Suspended Administratively?

Tue, 29 May 2007 21:19:00 GMT

They must give you notice. Routinely, cop will give hand delivered notice at time of arrest. However (a)(3) says "For all notices which are personally delivered, the person shall be asked to sign a receipt acknowledging he received the required notice." When the Department of Finance and Administration receives a sworn report from the law enforcement officer that he had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a motor vehicle while intoxicated or over the per se limits. Within 7 days of the issuance of the receipt. The failure of the officer to timely file this report shall not affect the authority of the Office of Driver Services to suspend or revoke the driving privilege of the arrested person. AND The report must be accompanied by a written chemical test report reflecting that the arrested person was intoxicated or had an alcohol concentration of 0.08. OR Is accompanied by a sworn report that the arrested person refused to submit to a chemical test of blood, breath or urine FOR THE PURPOSE OF DETERMINING THE ALCOHOL OR CONTROLLED SUBSTANCE CONTENTS OF THE PERSON'S BLOOD OR BREATH.

How Can I Prevent Administratively Losing My License?

Mon, 04 Jun 2007 21:51:22 GMT

You must ask for a hearing.

What Are The Hearing Procedures?

Tue, 29 May 2007 21:19:00 GMT

You must request a hearing. § 565104 The hearing MUST be requested within 7 calendar days or you lose your right to a hearing. Use the form given you by the police officer and they must give you a hearing within 20 days. If hearing not scheduled within 20 days, they must give you a temporary driving permit until the hearing.

Where And When Will The Hearing Take Place?

Tue, 29 May 2007 21:19:00 GMT

In the office of the Revenue Division of the Department of Finance and Administration nearest the county wherein the alleged events occurred UNLESS the Driver Services and the you agree otherwise to the hearing being held in some other county, or Driver's Services may schedule the hearing or any part thereof by telephone. What can be contested at the hearing? Believe it or not, currently nothing can be contested at the hearing. They simply look to see if they have a report showing driving and intoxication. If so, that is it. But this is not what the law requires and the legality of these hearings are now being contested. Can the hearing be recorded? No WHAT THE LAW SAYS SHOULD BE CONTESTED AT HEARING: §565104 (8)(a) says: The scope of the hearing shall cover the issues of whether: The officer had reasonable grounds to believe the person had been operating or was in actual physical control while intoxicated or 0.08. OR refused a chemical test. If the accusation is based upon a chemical test result and a sworn report the hearing shall also cover the issues as to whether: (Act 561 p44) The person was advised that his privilege to drive would be revoked, suspended, or denied if the test result reflected an alcohol concentration of 0.08 or more The breath, blood, or urine specimen was obtained from the person within four hours. The testing procedures used were in accordance with existing rules; and The test result in fact reflects an alcohol concentration, other intoxicating substances, or a combination thereof. If the suspension is based on a refusal, then the scope of the hearing shall also include whether: The person refused to submit to the test or tests The person was informed that his privilege to drive would be revoked, suspended, or denied if he refused.

What Is A Previous Conviction For Administrative Suspension Purposes?

Tue, 29 May 2007 21:19:00 GMT

Act 561 p45 (§556104) Any DWI, but not a DUI ("Any suspension under §565103"). Doesn't count if not convicted. Any refusal, unless acquitted of the criminal charge.

Who Has The Burden Of Proof?

Tue, 29 May 2007 21:19:00 GMT

The state does (Act 651 p44.) The decision shall be based on a preponderance of the evidence.

What Is The Law On Underage Dui In Arkansas?

Tue, 29 May 2007 21:19:00 GMT

We generally call a drinking\driving offense for a person under the age of 21 and who tests from 0.02 to .08 a DUI in Arkansas. The adult offense is called a DWI. A person who tests 0.04 to 0.08 can be charged with DWI or DUI. A person who tests under 0.04 but above 0.02 can be charged with DUI.

Speed Limits

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 30 mph

Speed Limits Enforcement Techniques

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

When Must I Use My Windshield Wipers?

Tue, 29 May 2007 21:19:00 GMT

Arkansas requires that you have your headlights on whenever you are using your windshield wipers.

Are There Any Unique Rules In Arkansas?

Tue, 29 May 2007 21:19:00 GMT

Arkansas has a "slower traffic keep right law" and is enforcing it.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding *Yes
Parking *Yes
Equipment *Yes
DWI *Yes
(*only on appeal to circuit court)

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the nearest law enforcement agency and must also be reported within 30 days to the Department of Finance and Administration.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype law applicable following an accident. Minimum limits: $25,000/50,000/15,000. Nofault insurance is required and Arkansas has uninsured motorists law.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Transporting open intoxicants is permitted in the vehicle, but the operator and all passengers are prohibited to drink in vehicle.
Loaded and cased firearms are permitted in the vehicle. A permit is required with a handgun.
Studded tires are permitted from November 15 to April 15.
Tire chains are not required.
Arkansas has a seat belt law with secondary enforcement for all front seat occupants.
Arkansas has a mandatory child restraint law for passengers under 6 years of age and weighing less than 40 pounds. Children under age 4 must use approved car safety seats.
Arkansas has a mandatory motorcycle helmet law for persons under 21 years of age.
Registration and insurance card must be carried in the vehicle.