Arkansas: Underage DUI
The drinking age in Arkansas is 21 and consumption of alcohol by anyone under 21 is illegal. There are no exceptions. Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21.
More information about Arkansas’s teen driving requirements.
What constitutes driving under the influence?
If a chemical test determines that a driver under 21 has a BAC of .02% or higher, the driver can be cited for driving under the influence (DUI). (For those 21 or older, the BAC is .08% and the charge is titled differently, driving while intoxicated (DWI)
What are the penalties?
If First Drunk Driving Conviction: imprisonment (24 hours or up to 1 year or may be community service), fine ($150 to $1000), license suspension (for person’s under 21, suspension can be for an unspecified period of time; typically 90 - 120 days)(more information: First DWI Offense in Arkansas).
If Second Drunk Driving Conviction within 5 Years: imprisonment (7 days to 1 year jail) or community service (minimum of 30 Days), fine ($400 to $3,000) license suspension (2 years). (More Information: Second Offense DWI in Arkansas)
What if you refuse the chemical test? Read about Arkansas implied consent laws.
What other charges?
In addition to driving under the influence, an underage drinker may be charged with any of the following:
- distributing alcohol to other minors (were there underage drunk passengers?),
- minor in possession,
- soliciting alcohol,
- child endangerment law violations,
- possession of false identification (was a fake id used to purchase alcohol?), and
- moving and vehicle maintenance violations (what else did the arresting officer see?).
What happens to insurance?
Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.