If you’re facing a DUI charge in Arkansas, knowing your rights and the penalties you may face is crucial. Driving under the influence (DUI) is a serious offense that can impact your driving privileges, finances, and future. Whether it’s your first offense or a repeat charge, understanding Arkansas DUI laws can help you make informed decisions – and possibly protect your legal rights.
Understanding DUI Laws in Arkansas
In Arkansas, a DUI charge typically applies to drivers under the age of 21, while adults are charged with DWI (Driving While Intoxicated). However, both fall under the category of impaired driving and share similar legal consequences.
What Qualifies as a DUI in Arkansas?
- Drivers under 21 with a blood alcohol concentration (BAC) of 0.02% or higher
- Drivers of any age under the influence of alcohol, drugs, or a combination
- Impairment from prescription medications, over-the-counter drugs, or illicit substances
- Driving behavior such as swerving, reckless speeding, or failing a field sobriety test can all contribute to a DUI arrest – even without a high BAC.
DUI Penalties in Arkansas
Penalties vary based on the number of offenses, BAC level, and whether there was injury or property damage. The legal system also distinguishes between civil and criminal penalties, and both may apply.
First-Time DUI Offense
- License suspension: 6 months
- Fines: Up to $1,000
- Jail Time: Up to 1 year (minimum 24 hours)
- Community Service: Up to 30 days
- Mandatory alcohol education or treatment program
- A court may also order an ignition interlock device (IID) for up to 6 months after reinstatement.
Second DUI Offense (within 5 years)
- License suspension: 24 months
- Fines: $400 – $3,000
- Jail Time: 7 days to 1 year
- Community Service: Minimum 30 days
- Mandatory IID installation
- Substance abuse assessment and additional court-related treatment
Third and Subsequent Offenses
- License Revocation: Up to 30 months or more
- Fines: Up to $5,000
- Jail Time: 90 days to 1 year (third offense); felony charges for fourth+ offenses
- Vehicle forfeiture may apply in extreme cases
- Mandatory completion of inpatient treatment or rehab
Your Rights After a DUI Arrest
Being arrested doesn’t mean you’ve lost all your rights. Here’s what you’re entitled to:
Right to Remain Silent
You do not have to answer questions beyond providing identification. Statements made during the arrest can and will be used in court.
Right to an Attorney
Request legal representation immediately after arrest. Officers are required to pause questioning until your lawyer is present.
Right to Refuse Testing (With Consequences)
While refusal is allowed, it carries its own penalties:
- Immediate license suspension
- Refusal may be presented as evidence of guilt in court
- Repeat refusals can lead to longer suspension periods
DUI and the Implied Consent Law in Arkansas
Arkansas operates under an implied consent law, meaning drivers are automatically deemed to have consented to a BAC test when behind the wheel.
Refusing a test can lead to:
- Suspension of license for 6 months (first offense), 24 months (second), and 3 years (third)
- Mandatory appearance before the Office of Driver Services
- Refusal may increase the chance of being convicted, even without chemical proof
Defending Against DUI Charges in Arkansas
An experienced attorney may challenge DUI charges using various defense strategies. Common arguments include:
- Lack of probable cause for the initial traffic stop
- Improper administration of field sobriety tests
- Malfunctioning breathalyzer or improper calibration
- Violation of rights, such as not being read Miranda warnings
Having the right legal guidance can significantly reduce your chances of a conviction or result in reduced penalties through plea deals or deferred sentencing.
DUI and Driving Privileges: Can You Keep Your License?
You may be eligible for a restricted license, especially if it is your first offense. This often requires:
- Enrollment in an alcohol or drug education program
- Installation of an ignition interlock device (IID) for a set period
- Proof of SR-22 insurance to show financial responsibility
- Payment of reinstatement and administrative fees
DUI and Insurance Rates in Arkansas
A DUI conviction can send your insurance premiums skyrocketing. Most insurers label you as a high-risk driver, which can lead to:
- Premium increases of up to 300%
- SR-22 certificate requirement for 3 years
- Loss of existing coverage depending on the provider
- Denied applications for new policies
DUI vs. DWI in Arkansas: What’s the Difference?
| Charge | Applies To | BAC Threshold | Penalties |
| DUI | Under 21 | 0.02% | Civil offense with fines and license suspension |
| DWI | 21+ | 0.08% or any sign of impairment | Criminal offense with potential jail time |
While both charges are serious, DWI often carries harsher criminal penalties. Still, DUI charges can remain on your record, affecting college admissions, job prospects, and even housing applications.
FAQs: DUI in Arkansas
1. Can I expunge a DUI from my record?
Yes, after five years, if it was a misdemeanor and all sentencing requirements have been fulfilled. Felony DUIs are rarely expunged.
2. Will a DUI affect my job?
Yes, especially if your work involves driving, government clearance, or background checks. Some employers may terminate employment for criminal charges alone.
3. Do I need a lawyer for a first-time DUI?
Yes. Even first offenses can carry serious long-term consequences. A skilled attorney may help reduce or eliminate penalties.
4. Is jail time mandatory for a DUI?
In most cases, yes. However, alternative sentencing like community service or probation may apply, particularly for first-time offenders.
Know Your Legal Options: Get Help Today
Facing a DUI charge can be overwhelming, but you’re not alone. Thompson & Howle, based in Cave Springs, Arkansas, provides experienced criminal defense services, including DUI representation. Our legal team understands Arkansas DUI laws and works to protect your rights and your future.
Call (479) 844-4086 or email of****@**************le.com to schedule your free consultation today. We’re here to help you move forward with confidence!