Like all states, Arkansas prohibits driving while intoxicated (DWI). This prohibition makes it illegal to drive with a blood alcohol content (BAC) of .08% or more. But drivers under the age of 21 years old are subject to tighter blood alcohol restrictions. This article explains when a driver can be charged with an underage DWI and what penalties he or she can face.
A driver who's younger than 21 years old that operates a vehicle while under the influence of alcohol or with a BAC of .02% to .08% can be convicted of underage DWI. A conviction is an unclassified misdemeanor but will not be counted as a prior offense if the driver is convicted of a standard DWI in the future.
Of course, an underage driver who is caught driving with a BAC of .08% or more could instead face the penalties for a standard DWI.
An underage DWI conviction typically carries fines and license-related penalties but no jail time.
A first, second, and subsequent offense will result in the following penalties:
For all underage DWI offenses, the underage motorist will also have to complete an alcohol and driving education course.
The court can require offenders to attend a victim impact panel. Generally, these panels consist of presentations that explain the dangers of impaired driving, often by those who have lost loved ones.
A driver arrested for impaired driving or for underage DWI will usually be required to submit to a breathalyzer test. Refusal to submit to a lawfully requested test is a violation of the state's implied consent law and will result in the same driver's license penalties, fines, and public service penalties as an underage DUI conviction.
A restricted license may be available to the driver depending on the number of prior offenses.
If you've been arrested for an underage DWI offense, it's a good idea to talk to a local DWI attorney. A qualified DWI lawyer can explain how the law applies in your case, let you know what kinds of penalties you might be facing, and help you decide on the best way to handle your situation.
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