Arkansas DUI Penalties

An Arkansas DUI arrest will trigger two separate cases. First, there is a criminal court case hearing, where the defendant may face extensive penalties ranging from jail time, fines, mandatory educational courses, and the possibility of the installation of an ignition interlock device in their vehicle.

Following that first court case, a defendant will also have to be present at a Arkansas DMW hearing, where their driving privileges will be immediately suspended if they do not happen to request a court hearing within 7 days of their DUI arrest.

The arrest and subsequent penalties may be brought about by utilizing one (or both) of two concepts, the first of which is a common law charge, where it must be shown that the offender was impaired by alcohol or drugs, and thus was sufficiently impaired (by legal standards) to the point of not being able to properly operate a vehicle.

The second ideal is the state of Arkansas “per-se” law, which states that if an individual has a blood alcohol content (BAC) of .08 percent or higher, they are thus considered to be driving under the influence of an intoxicant. This ideal follows the concept of “body chemistry”, which is the ideal that the chemical makeup of a person’s body can influence their ability to quickly react and so on, therefore making it unimportant if the driver was actually visibly impaired or not.

1st offense

The punishments and penalties in the Arkansas criminal court may vary, but a first time offender may receive a minimum of one day or a maximum of one year in jail, as well as a fine of $150 up to $1000, and a court fee of $300.00. However, the court can order community service in lieu of actual jail time.

2nd offense

The penalties for a second time offender will result in jail time of a minimum of one day or a maximum of one year, or no less then thirty days of community service. The offender will also have to pay a fine of $400 up to $ 3,000, and a court fee of $300.00.

3rd offense

A third charge can result in a minimum of ninety days or maximum of a year in jail. In lieu of jail time, the court can order the defendant to perform no less then ninety days of community service as well as a fine of $900.00 up to $5,000.

Fourth offense

A fourth DUI offense is considered a felony in the state of Arkansas, and a defendant may be faced with a variety of penalties such as a minimum of one year to a maximum of six years in the state penitentiary (or no less then one year of community service), as well as a fine of $900 up to $5,000.

The penalties for a DUI in Arkansas can be dire, making it absolutely necessary for a defendant to contact an Arkansas DUI lawyer following their arrest. Contacting an Arkansas DUI lawyer is critical in not only retaining one’s own driving privileges, but also as a means in which to lessen the consequences of the overall penalties.