Like all other states, Arkansas prohibits driving while intoxicated (DWI)—operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of drugs or alcohol. Most Arkansas DWIs are misdemeanors but criminal history and other aggravating factors can elevate a DWI to a felony.
Here are some examples of what qualifies as a felony DWI in Arkansas and the possible penalties for a conviction.
Arkansas has a ten-year lookback period for DWIs (five years for license-related penalties). So, generally, only DWIs occurring in the prior ten years are counted for sentencing purposes.
If an impaired driver has three or more prior DWIs in the last five years, he or she can be charged with felony DWI as a habitual offender. Here are the possible penalties for a fourth, five, and sixth DWI.
|
4th Offense |
5th Offense |
6th Offense |
|
|
Prison |
1 to 6 years |
2 to 10 years |
5 to 25 years |
|
Prison (if DWI with passenger under 16) |
2 to 6 years |
3 to 10 years |
5 to 25 years |
|
Fine |
$900 to $5,000 |
$900 to $5,000 |
Up to $15,000 |
Minimum and maximum penalties are sometimes misleading because there are often ways (such as probation) that allow the offender to avoid jail time. But for these felony DWIs, the minimum prison sentences are generally mandatory.
After conviction, the driver's license will also be revoked for four years and revoked drivers are precluded from obtaining a restricted driving permit. The driver must complete an approved alcohol education program prior to reinstatement. The court can also order that the driver's vehicle be forfeited.
A DWI can also be charged as a felony if it results in a fatality. An intoxicated driver who negligently causes the death of another person can be charged with negligent homicide, a class B felony. A conviction will result in five to 25 years in prison and up to $15,000 in fines.
A felony DWI can also affect an offender's career opportunities. In Arkansas, persons with a felony DWI conviction are often precluded from holding public transportation jobs, commercial driver's licenses, and some other public service positions.
If you've been arrested for a DWI in Arkansas, it's a good idea to get legal assistance, especially if the offense is a felony. An experienced DWI lawyer can tell you how the law applies in your case, let you know what you're facing, and help you decide on how best to handle your situation.
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