Arkansas DWI arrests trigger two separate cases – a criminal court case, and an administrative case with the Arkansas Department of Finance & Administration Office of Motor Vehicle. Both cases require expert legal representation, but the Office of Motor Vehicle case is far more time-sensitive. A motorist arrested for drunk driving in Arkansas has only seven days to request an administrative hearing or risk losing his or her license.

In the criminal prosecution, the driver faces jail, fines, mandatory educational courses, suspension of driving privileges, and possibly a mandatory ignition interlock device. Arkansas DWI charges can be brought under one or both of two theories.

The first, known as the "common-law" DWI charge, involves being impaired by alcohol or drugs. Prosecutors use circumstantial evidence to prove this element, including driving patterns, physical appearance of the defendant, field sobriety test performance, and chemical test results. However, keep in mind that a driver can be convicted of common-law Arkansas DWI without having a blood alcohol content (BAC) that exceeds the legal limit. Because alcohol can impair people differently at different levels, the only thing the prosecutor need show is impairment of mental or physical faculties to the necessary legal extent.

The second element of an Arkansas drunk driving offense is the per se charge. Whether or not the driver was impaired is irrelevant in the per se charge. The prosecutor need only prove that the driver was driving at a time his or her blood alcohol content (BAC).

The implied consent law in Arkansas DWI requires drivers to provide a sample of blood, breath or urine for testing to determine alcohol content in order to support the per se charge. Refusal to provide the sample can be introduced at trial as consciousness of guilt, and may also result in additional administrative penalties in the Arkansas DWI driver’s license case.

It is up to the police department to decide which type of chemical test is to be given following an Arkansas DWI arrest. However, the driver may decline a blood test if willing to take a breath or urine test when arrested for DWI. It is always a good idea to do so if you've been stopped for DWI in Arkansas.

An Arkansas DWI conviction is punishable by jail, fines, community service requirements, and driver’s license suspensions. Note that these punishments are separate and apart from the DWI driver’s license sanctions that are imposed in the administrative proceedings.

A driver convicted of a first-time DWI faces one year in jail and a fine of $150 up to $1,000, plus court costs of $300. The court has the discretion to order public service in lieu of jail.

For a second offense, the driver faces seven days to one year in jail or no less than 30 days community service and a fine of $400 to $3000, plus court costs of $300. A third offense is punishable by 90 days to one year in jail OR no fewer than 90 days of community service and a fine of $900 to $5,000.

A fourth-offense DWI is punished as a felony in Arkansas. If convicted, the driver faces one to six years in the state penitentiary or not less than one year of community service. The driver also will be fined $900 to $5000.

A fifth-offense DWI is also punishable as a felony in Arkansas. The driver faces two to ten years in the state penitentiary or no less than two years of community service. The driver also will be fined $900 to $5000.

A driver arrested fo rDWI in Arkansas also faces administrative punishment from the Office of Motor Vehicle. These penalties are not imposed by the court system. In fact the judge cannot lessen or change these penalties. They are imposed entirely outside the criminal courts by the Arkansas Dept. of Finance and Administration.

A driver arrested for a first-time DWI involving alcohol will lose his or her license for 120 days with a BAC of less than .18 percent. Some drivers may receive a restricted license to travel to and from work. A motorist arrested for driving under the influence of drugs faces a six-month suspension. Drivers who refuse a chemical test face a six month suspension.

For a second-offense DWI within five years of a first offense, the driver will lose his or her license for two years. The driver may be eligible for a restricted license after one year with the installation of an ignition interlock device. Drivers who refuse a chemical test face a two-year suspension with no opportunity to receive a restricted license.

For a third-offense DWI, a driver who submitted to a chemical test faces a 30-month license suspension. He or she is eligible for a restricted license after one year. A driver who refused a chemical test faces a three-year suspension with no opportunity for a restricted license. No restricted license for one year.

A driver arrested for a fourth or subsequent DWI faces a four-year revocation. A driver who refuses a chemical test in a fourth-time drunk driving case will have his or her license revoked for life.

Because the consequences of an Arkansas DWI arrest can be severe both in court and at the Office of Motor Vehicle, it’s imperative to have a skilled drunk driving criminal defense attorney protecting the driver’s rights. An experienced attorney from 1.800.NOT.DRUNK or www.NotDrunk.com can provide the expert legal help needed in an Arkansas drinking and driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.