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Second Offense DWI in Arkansas

A second offense DWI is a misdemeanor in Arkansas unless the incident involves aggravating factors such as serious bolidy injuries (in which case, the driver may be charged with a felony).

The look back period in Arkansas for a second DWI is five years. (However, be aware that several bills have been proposed in Arkansis to change this to eight or ten years.) A second DWI offense will result in the suspension of driver’s license for 24 months. A second offense will likely result in two years of ignition interlock and restricted license. However if the driver refuses a chemical test, a second DWI offence will result in a two year driver’s license suspension with no restricted license. The driver has 7 days to request an administrative hearing.

Criminal Penalties

Generally the criminal penalties for a second DWI offense in Arkansas include a jail term from 7 days to one year (or 30 days or more of community service). Fines range from $400 to $3000 (plus court costs of $300).

Plea options

Under Arkansas law, a person charged with DWI cannot bargain for conviction for wet reckless – reckless driving involving alcohol. because of the severe penalties, persons charged with a second offense DWI should consult with an experienced Arkansas DWI attorney.

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