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Arkansas DUI Law

In Arkansas it is illegal to operate or be in actual physical control of a vehicle while you are (a) intoxicated or (b) have a BAC of .08 or greater.

Penalties

First Offense: On the first offense, the court may order between 24 hours and one year in jail. However, in lieu of any jail time, the court may impose a minimum 30 days of community service. In addition to any jail time or community service, the court may impose a fine of $150 - $1,000.

First Offense with Passenger Under 16: Jail time increases to a minimum of 7 days. The court may still order community service in lieu of a jail sentence, but the minimum time is increased to 60 days.

Second Offense: On the second offense in five years, the court may order between seven days and one year of jail time. Instead of a jail sentence, the court may require a minimum of 60 days of community service. In addition to any jail time or community service, the court may impose a fine of $400 - $3,000.

Second Offense with Passenger Under 16:
Jail time increases to a minimum of 30 days.

Third Offense: On the third offense in five years, the court may order between ninety (90) days and one year of jail time. Instead of a jail sentence, the court may require a minimum of 90 days of community service. In addition to any jail time or community service, the court may impose a fine of $900 - $5,000.

Third Offense with Passenger Under 16:
Jail time increases to a minimum of 120 days.

Fourth Offense: The fourth offense is a felony. On the fourth offense in five years, the court may order between one and six years of jail time. Instead of a jail sentence, the court may require a minimum of one year of community service. In addition to any jail time or community service, the court may impose a fine of $900 - $5,000.

Fourth Offense with Passenger Under 16:
Jail time increases to a minimum of two years.

Fifth Offense: The fifth offense is also a felony. On the fifth offense in five years, the court may order between two and ten years of jail time. Instead of a jail sentence, the court may require a minimum of two years of community service. In addition to any jail time or community service, the court may impose a fine of $900 - $5,000.

Fifth Offense with Passenger Under 16:
Jail time increases to a minimum of three years.

License Suspension Schedule:

The police officer will immediately seize your license upon arrest. Your license may be reinstated by the court as follows:

First Offense - BAC Between .08 and .15: 120 days suspension

First Offense – BAC Greater than .15: 180 days

First Controlled Substance Offense: Six months

Second Offense: 24 months

Third Offense: 30 months

Fourth and Subsequent Offenses: 4 years

In order to be eligible for license reinstatement, you must first complete an alcohol education course through the Department of Health and Human Services. The fee for this course is $125. Additionally, the license reinstatement fee is $150 x the number of offenses you have (i.e. the second offense would be $300, third would be $450).

Restricted License:

You may apply for a restricted license after your first offense, but not after any subsequent convictions. This license will allow you to use the car to drive to and from work, school, alcohol safety and treatment programming, and for emergency medical care.

Driving on a Suspended License:

If you are caught driving on a suspended license the court will sentence you to ten days in jail, up to $1,000 in fines, and will impound your license plates for a period of 90 days. The court will also attach an ignition interlock device to your car for a year after the reinstatement of your license. The ignition interlock will prevent your car from starting unless you blow into the breathalyzer and the reading is .02 or lower.

Vehicle Seizure:

After your fourth offense in three years, the state may seizure your vehicle under the criminal forfeiture statute and resell it at public auction. The court may only do this if the vehicle was owned by the driver.

Refusal to Submit to a Chemical Test:

If, upon arrest, you refuse to submit to a chemical analysis of your breath, blood, or urine for the purposes of detecting the level of alcohol in your system, the result will be an increase in the length of time that your license is suspended.

First Offense: 180 days

Second Offense: 2 years

Third Offense: 3 years

Fourth Offense: Lifetime suspension

Underage Drinking and Driving

If you are under the age of 21 in Arkansas and have a BAC of greater than .08, the court will impose the sentences above. However, if you have a BAC of between .02 and .08, the court will impose the following lower sanctions:

First Offense: License suspension for 90 days, a fine of between $100 and $500, and as much community service as the court deems necessary. The fee for license reinstatement is $25. The court will also require participation in an Underage Alcohol and Driving Program with the Bureau of Alcohol and Drug Abuse. The fine for this program is $125.

Second Offense: License suspension for one year, a fine of between $200 and $1,000, and a minimum of 30 days of community service. The fee for license reinstatement is $25. The court will also require participation in an Underage Alcohol and Driving Program with the Bureau of Alcohol and Drug Abuse. The fine for this program is $125.

Third Offense: License suspension for 3 years or until your 21st birthday (whichever is longer), a fine of between $500 and $2,000, and a minimum of 60 days of community service. The fee for license reinstatement is $25. The court will also require participation in an Underage Alcohol and Driving Program with the Bureau of Alcohol and Drug Abuse. The fine for this program is $125.