Arkansas, known as the Natural State, is home to some of the United States’ strictest DWI laws. If you are charged with a DWI, you will face two separate cases. The first is a criminal court case where you can face anywhere from one day to one year in jail for a first offense. You may face other penalties such as a fine from $100 to $1,000. The other case is with the Arkansas Department of Finance and Administrative Office of Motor Vehicles. You only have seven days after your arrest to request a motor vehicle hearing, otherwise your license will be suspended for 120 days for a first time offense and if your BAC was under .08.
Arkansas DWI Penalties
From your insurances rates increasing to the average of $1500 (or being dropped) to loss of employment, they are many consequences of having a DWI in the state of Arkansas. Your vehicle may be impounded; you could face probation, community service, vehicle impoundment, installation of an ignition interlock system, alcohol treatment and restricted travel.
BAC and Chemical Testing
If your blood alcohol content is .08 or higher, you can be arrested for a DWI in Arkansas. Police will ask you to submit to a chemical test. You can choose blood, breath or urine. Blood is the most accurate but most be completed by a prescribed medical professional (the same is true for urine testing). Breath tests are highly used by police because they are portable machines.
Field Sobriety Tests
An Arkansas police officer may ask you to perform one of three field sobriety tests: the horizontal gaze nystagmus (HGN), the walk and turn and the one leg stand. The walk and turn and one leg stand test for balance and ability to follow instruction. The HGN will test for involuntary jerking of the eyes, which is associated with intoxication.
Ignition Interlock
In Arkansas, if your BAC was over .18%, the court will sometimes order an ignition interlock device (at your expense) to prevent you from driving your car if you have any alcohol in your system.
Zero Tolerance
Anyone under 21 who is found to have any level of alcohol in his or her system will be charged with a DWI and will be subject to adult penalties.
While there are many lawyers in Arkansas, you must find one who is dedicated to DWI laws. This way you are getting more bang for your buck and you’re likely to win your case.