Drinking and Driving Laws in Arkansas
The State of Arkansas has a drunk driving law that prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system.Studies done by government researchers have shown that levels close to .05 percent impairs the driving ability of most individuals and at .08 percent, most individuals are legally impaired.
How many drinks does it take to reach the legal limit?
There isn't a correct answer to this question, the reaction of any individual to alcohol depends on many factors including, genetics, body weight, sex, and number of drinks consumed. Studies have show that blood alcohol content (BAC) could rise .05 percent for each drink taken, however this number is not consistent among all individuals. On average, it takes very little alcohol to become legally drunk, and calculating the number of drinks that would cause a person to be convicted of drunk driving is a futile effort at best. The best answer is to have zero drinks before you drive.
DUI / DWI Laws in Arkansas
In the State of Arkansas it is illegal to operate a motor vehicle if you are:
Intoxicated during the operation of a motor vehicle.
“Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians;
A person whose blood contains 0.08 percent or more concentration of alcohol.
A minor under who is under the influence of an alcoholic beverage or similar intoxicant.
A minor who has a blood alcohol concentration of 0.02 or above
As you can see above, in the State of Arkansas has a defined "intoxicated" to cover alcohol, controlled substances and intoxicants. In addition, drivers under the age of 21 have a much lower (.02 companied to .08) legal BAC . This limit is approaching the "Zero" tolerance limits that many legislators would like to enforce for all drivers.
Drunk Driving Penalties and Fines in Arkansas
First Drunk Driving Conviction
You will receive a fine that ranges from $150 to $1,000. Jail time from 1-365 days for a blood alcohol content (BAC) between .08-.15. If a person under the age of 16 was in the vehicle at the time of the offense, you will serve between 7-365 days in jail. Community service may be issued in lieu of jail time. Your license may be suspended for 6 months, however if allowed by the court, a ignition interlock restricted license may be issued.
Second Drunk Driving Conviction (Within 5 years of the first)
You will receive a fine that ranges from $400-$3000. Jail time from 7-365 days in jail, or a minimum of 30 days community service may be issued in lieu of jail time. If a person under the age of 16 was in the vehicle at the time of the offense, you must serve between 30-365 days in jail or a minimum of 60 days community service. A 24 month license suspension, or, if allowed by the court, a ignition interlock restricted license may be issued after 12 months.
Third Drunk Driving Conviction (Within 5 years of the first)
You will receive a fine that ranges from $900-$5000. Jail time from 90-365 days, or a minimum of 90 days community service may be issued in lieu of jail time if allowed by the court. If a person under the age of 16 was in the vehicle at the time of the offense, you will receive between 120-365 days in jail or a minimum of 120 days community service. A 30 month license suspension will also be issued, or, if allowed by the court, a ignition interlock restricted license may be issued after 12 months.
Fourth Drunk Driving Conviction (Within 5 years of the first)
A 4th drunk driving conviction is a felony in the State of Arkansas. This is punishable by serving between 1-6 years in prison or 1 year of community service if allowed by the court. If a person under the age of 16 was in the vehicle at the time of the offense, you will receive between 2-6 years in prison or a minimum of 2 years of community service if allowed by the court. In addition, your license will be suspended for 4 years.
The Implied Consent Law in Arkansas
The implied consent law in Arkansas states that any person who operates a motor vehicle, by default, gives their consent to a blood, urine or breath test to determine if they are under the influence of alcohol or a controlled substance.
If you refuse to submit a chemical test of blood, breath or urine your license will automatically be suspended for 180 days on your first offense. You may also be denied a reinstatement of your drivers license if you do not install a ignition interlock device for a period of six months.
Additional Information on Drunk Driving Laws in Arkansas |
