June 24, 2008
Arkansas DUI Laws and Punishments
By admin
Arkansas has similar DUI laws to many other states in the country and in the region. You may face fines, jail, education imposed by the court, license suspension, and possible installation of an ignition locking device on your vehicle. ..
In Arkansas police do not have to prove any specific blood alcohol content to prove common-law DUI as alcohol can impair people differently with different BAC levels. Prosecutors need only prove that you were either physically or mentally impaired at the time that they pulled you over.
Police can also prove a violation of DUI laws by proving a BAC of above 0.08%. Whether you were impaired or not is of no importance. Charges filed in this manner are known as per se and require a chemical test such as urine, breath, or blood to be proven.
The arresting officer is able to determine which type of chemical test should be taken to determine your BAC; although you can decline a blood test if you submit to either a breath or urine exam.
You have seven days after your arrest to petition the Department of Finance and Administration Office of Motor Vehicles to retain your license. Failure to contact them within seven days will result in an automatic suspension of your driving privileges.
Police will attempt to prove that you were violating DUI laws by using your driving patterns, your physical appearance, field sobriety tests, as well as chemical test results. Failure to submit to testing will result in a six month license revocation and you will not be eligible for a work permit.
A first DUI offense in the state of Arkansas carries a jail term between one day and one year in jail with a fine ranging from $150 to $1,000 (plus a $300 court fee). You can also be ordered community service rather than jail time. Your license will be suspended for 120 days if your BAC is under 0.18. You may qualify to get a restricted work permit to allow you to drive to and from your job. A DUI for drugs rather than alcohol carries a six month suspension.
A second DUI offense has a mandatory minimum jail term of seven days, a maximum of one year, and no less than 30 days of community service can replace the jail term at the court’s discretion. The fine is to be no less than $400 and shall not exceed $3,000. A court fee of $300 will be added to any fine ordered. Your license will be revoked for two years if your second offense is within a five year period from your first. One year into your suspension you can have an ignition lock installed and obtain a restricted license. Test refusal on a second offense will result in a two year revocation with no restricted license option.
Third DUI offense carry a minimum of 90 days in jail with a maximum of one year. 90 days of community services can be ordered in lieu of the jail time. The fine will be from $900 to $5,000. You will face a suspension of 30 months with no restricted license privileges for the first year of the suspension. Refusal of the chemical test on a third offense will result in a three yeah suspension with no restricted permit being available.
Fourth offense are classified as felonies. You will face from one year to six years in prison on a fourth DUI offense. You can be given no less than on year of community service in place of the prison term. The fine again ranges from $900 to $5,000. On a fourth DUI offense you will face a four year revocation. If you refuse testing on a fourth offense you lose your driving privileges for life.
Topics: State Laws |