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Arkansas DWI Laws & Penalties

Arkansas DWI Law states that a person is considered to be driving while intoxicated if their blood alcohol concentration is .08% or greater.  The Arkansas implied consent law states that any person who registers a .08% blood alcohol concentration is unfit to drive or operate a motor vehicle.

Upon arrest, the arresting officer will take your Arkansas license and give you an official driver's license receipt and notice of your license suspension or revocation. This notice states that you only have seven days in which to request an administrative hearing with the Arkansas DMV to try and preserve your driving privilege.  If this is a first offense charge and you were under .5% blood alcohol concentration and you did not refuse the test, the administrative hearing will also be where you request a restricted driving permit.

Failure to request an administrative hearing within seven days of the arrest will result in a 120 day suspension of your driving privileges.  A request for an administrative hearing after the seven day period will not be granted and the DMV's suspension will be upheld.  An administrative hearing is not something that you want to try and navigate on your own if you wish to maintain your driving privileges, it's important that you hire and Arkansas DWI attorney who has experience when it comes to representing clients at DMV hearings.

Arkansas DWI First Offense

A first offense DWI charge in Arkansas means that you have had no prior DWI convictions within the past 5 years.  A first offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The amount of jail time for a first offense charge will be between 1 day and 1-year in jail.  The amount of jail time can be increased from the 1 day up to 1-year at the judges discretion based upon the circumstances surrounding the arrest.  The court may assign community service in lieu of jail time for a first time offense.

Fines:  The fines for a first offense charge will be between $150 - $1,000.  The actual amount of the fine will depend on the circumstances and any previous convictions.  The court will also charge you $300 in court costs.

License Suspension:  As long as your blood alcohol level was below .18%, your driver's license will only be suspended for a period of 120 days.  A BAC reading above .15% or refusal to submit to a chemical test will result in a license suspension of 180 days with no chance of a restricted license.  A first offense drug charge will result in a 6 month license suspension.

If the Arkansas DMV grants you a restricted license, that license only allows you to drive to and from work, school, medical appointments, court appearances and alcohol treatment programs.  You will also be required to show proof of financial responsibility in the form of an Arkansas SR22 insurance policy with the Arkansas DMV before they will issue you a restricted license or reinstate your license at the end of your suspension period.

Alcohol Education:  You will be required to attend a state approved alcohol education and treatment program.  Before the DMV will reinstate your license, you must successfully complete the program and pay a $150 reinstatement fee to the DMV before they will issue you a new license.

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Arkansas DWI Second Offense

A second offense DWI charge in Arkansas means that you have had one prior DWI conviction within 5 years of a first conviction.  A second offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The amount of jail time for a second offense charge will be between 7 days and 1-year in jail.  The amount of jail time can be increased from the 7 days up to 1-year at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.  The court may assign you up to 30 days of community service in lieu of jail time for a second offense DWI.

Fines:  The fines for a second offense charge will be between $400 - $3,000.  The actual amount of the fine will depend on the circumstances and any previous convictions.

License Suspension:  Your license will be suspended for two years with the possibility of receiving a restricted license after 1-year of your suspension period as long as your BAC reading was below .15%.  If your BAC reading was between .16% and .18% your license will be suspended for 2-years with no chance of a restricted license.  If your BAC reading was above .20% your license will be suspended for 30-months with no chance of a restricted license.  if you refused a chemical test your license will be suspended for 30-months with no chance of a restricted license.

If you are granted a restricted license after 1-year you will be required to have an ignition interlock device installed at a state approved installer at your expense on your vehicle before the Arkansas DMV will issue you a restricted license.

If the Arkansas DMV grants you a restricted license, that license only allows you to drive to and from work, school, medical appointments, court appearances and alcohol treatment programs.  You will also be required to show proof of financial responsibility in the form of an Arkansas SR22 insurance policy with the Arkansas DMV before they will issue you a restricted license or reinstate your license at the end of your suspension period.

Alcohol Education:  You will be required to attend a state approved alcohol education and treatment program.  Before the DMV will reinstate your license, you must successfully complete the program and pay a $150 reinstatement fee to the DMV before they will issue you a new license.

Arkansas DWI Third Offense

A third offense DWI charge in Arkansas means that you have had two prior DWI convictions within 5 years of a first conviction.  A third offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The amount of jail time for a third offense charge will be between 90-days and 1-year in jail.  The amount of jail time can be increased from the 90-days up to 1-year at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.  The court may assign you a minimum of 90 days of community service in lieu of jail time for a third offense DWI charge.

Fines:  The fines for a third offense charge will be between $900 - $5,000.  The actual amount of the fine will depend on the circumstances and previous convictions.

License Suspension:  Your license will be suspended for 30-months with the possibility of receiving a restricted license after 1-year of your suspension period as long as your BAC reading was below .15%.  If your BAC reading was between .16% and .18% your license will be suspended for 30-months with no chance of a restricted license.  If your BAC reading was above .20% your license will be suspended for 30-months with no chance of a restricted license.  If you refused a chemical test your license will be suspended for 30-months with no chance of a restricted license.

If you are granted a restricted license after 1-year you will be required have anignition interlock device installed at a state approved installation center at your expense on your vehicle before the Arkansas DMV will issue you a restricted license.  The DMV will require you to provide proof of the installation before they will issue your restricted license.

If the Arkansas DMV grants you a restricted license, that license only allows you to drive to and from work, school, medical appointments, court appearances and alcohol treatment programs. You will also be required to show proof of financial responsibility in the form of an SR22 insurance policy with the Arkansas DMV before they will issue you a restricted license or reinstate your license at the end of your suspension period.

Alcohol Education:  You will be required to attend a state approved alcohol education and treatment program.  Before the DMV will reinstate your license, you must successfully complete the program and pay a $150 reinstatement fee to the DMV before they will issue you a new license.

Arkansas DWI Fourth Offense

A fourth offense DWI charge in Arkansas means that you have had three prior DWI convictions within 5 years of a first conviction.  A fourth offense charge is a felony charge and carries the following penalties:

Jail time:  The amount of jail time for a fourth offense charge will be between 1-year and 6-years in state prison.  The amount of jail time can be increased from 1-year up to 6-years at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.

The court may issue you 1-year of community service in lieu of prison time. The court may also confiscate your vehicle if your previous offenses happened within the past three years.

Fines:  The fines for a fourth offense charge will be up to $5,000.  The actual amount of the fine will depend on the circumstances and previous convictions.

License Suspension:  Your license will be revoked for 4-years with no chance of a restricted license.  A chemical test refusal on a fourth offense will result in a lifetime license revocation.

Upon reinstatement of your license you will be required to file proof of financial responsibility in the form of an Arkansas SR22 insurance filing policy with the Arkansas DMV before they will reinstate your license at the end of your revocation period.

Alcohol Education:  You will be required to attend a state approved alcohol education and treatment program.  Before the DMV will reinstate your license, you must successfully complete the program and pay a $150 reinstatement fee to the DMV before they will issue you a new license.

Arkansas SR22 Requirements

Before the Arkansas DMV will reinstate your license following your suspension or revocation period they will require you to file an SR22 form with them before issuing you a new license.  You will be required to carry your SR22 insurance for a period of three years.

At anytime during this three year period if there is a lapse in your SR22 coverage, your insurance provider is obligated by law to immediately inform the Arkansas DMV of the lapse.  If a lapse in coverage occurs, the Arkansas DMV will immediately suspended your license and you will be required to refile an SR22 form with the DMV before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of three years, it is important to find the cheapest policy you can before choosing one.  DUI Process has partnered with the largest and most trusted SR22 insurance providers in the state of Arkansas and has worked out a special deal for visitors to our site.

There is no way you would be able to find rates this low on your own.  We are able to provide you with these low rates because of the volume of business we do with these companies.  To find out how much you can save, just enter your zip code in the box below and fillout our secure quote form on the next page and we will present you with up to 5 quotes from top rated insurance companies in your area who offer SR22 insurance.

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Other Arkansas DWI Resources

  • Arkansas First Offense DWI - First offense information including penalties, fines, potential jail time, license suspension, DWI classes, and much more.

  • Arkansas SR22 Insurance Filing - We have compiled everything you need to know about Arkansas's SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • Arkansas DASEP - We offer a complete listing of state approved DASEP or Drug Alcohol Safety Education Programs.

  • Arkansas Bail Bondsmen - Comprehensive list of Arkansas bail bond agents including address, phone, website, etc.

  • Arkansas DWI Courts - Comprehensive list of Arkansas's criminal courts listed by County.

  • Jails in Arkansas - Comprehensive list of Arkansas's jails and contact information.