DUI & DWI in Arkansas
If you or a loved one has been arrested for drunk driving, you’re likely looking for an Arkansas DUI attorney. You’re on the right path; you need a strong advocate in your corner.
Although your Arkansas DUI defense lawyer will provide you with specifics about your individual case, this article will guide you through:
- Arkansas DUI Laws
- Arkansas DUI Punishments
- Potential DUI Defenses
- Arkansas’s Other Drunk Driving and Alcohol Laws
- How to Find an Arkansas DUI Attorney
When is a Driver Considered to be Legally Drunk in Arkansas?
Arkansas drunk driving laws are found in The Arkansas Code.You can find detailed information there. “BAC” stands for “blood alcohol content”.
We’ll provide the Arkansas blood alcohol content (BAC) summary:
Non-Commercial Drivers Age 21 and Older: If you’re a non-commercial driver, you’ll be arrested for drunk driving if your BAC is .08 or higher.
Drivers age 20 and Younger: If you’re underage, you’ll be arrested for drunk driving if your BAC is .02 or higher.
Commercial Drivers: If you’re a commercial or school bus driver, you’ll be arrested for driving drunk if your BAC is .04 or higher.
If you’ve been arrested for drunk driving and your BAC was lower than listed above, it may be because you were driving unsafely. You can be arrested for DUI, with lower limits, if your driving is impaired.
What is Arkansas’s Punishment for DUI Convictions?
1st DUI Conviction: Jail time up to 1 year – fine of $150 to $1,000 – driver’s license suspension for120+ days- ignition interlock – loss of commercial license.
2nd DUI Conviction within 5 Years: Jail time of 30 days to 1 year – community service – fine of $400 to $3,000 – driver’s license suspension for2 years – ignition interlock – loss of commercial license.
3rd DUI Conviction within 5 Years: Jail time of 90 days to 1 year – community service – fine of $900 to $5,000 – driver’s license suspension for2 years – ignition interlock – loss of commercial license.
Arkansas Drunk Driving Defenses
Your Arkansas DUI defense attorney will make sure you are treated fairly and that your legal rights are respected. He or she will analyze your case, investigate the evidence and circumstances, and develop your defense.
Here is a listing of potential Arkansas DUI defenses:
You were not driving unsafely. The officer had no legal reason (no probable cause) to stop you in the first place.
You weren’t advised of your legal rights and/or the consequences of your actions or inaction. When you were stopped, the officer didn’t explain what would happen if you took or refused the Breathalyzer or blood tests.
Your legal rights were not honored. The officer didn’t follow proper testing or arrest procedures and/or you were mistreated during detainment.
There was an error during trial.
Arkansas’s Other Drunk Driving and Alcohol Laws
Arkansas’s Dram Shop Act
A licensed drinking facility (bar, tavern, or restaurant)is civilly liable for injuries sustained because it knowingly served an underage person.
Arkansas’s Providing Alcohol to Underage Persons Law
It’s illegal for a licensed drinking facility or an individual to provide alcohol to a minor. Jail time, fines, and loss liquor license will be handed down for violations. It’s serious – fines can be up to $10,000 and up to 10 years in jail.
How to Find an Arkansas DUI Attorney
If you’ve been arrested for DUI – drunk driving, you need to be represented by a qualified attorney. To find an Arkansas DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.