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Arkansas DUI Laws


Arkansas DUI Laws state that you can be convicted of DUI based on any of these instances:

if you are intoxicated by alcohol or drugs and your driving is impaired because of this or based on Arkansas per se law that states any person with a blood alcohol content of 0.08% or more can be convicted of DUI.

Regardless if your driving seems to appear normal, as long as you have exceeded the mark you are charged with DUI. The state imposes a stricter law when it comes to minor, a blood alcohol content of .02% or more can be convicted of DUI.

Once arrested you will face two charges: one is a criminal court case and the other in the Arkansas Department of Finance and Administration Office of Motor Vehicles. The latter hearing will determine if you can retain your driving privileges once convicted of DUI. You have to request this hearing within 7 days of your arrest; failure to do so will lead to the suspension of your driver’s license.

If you are convicted of DUI in a criminal court case, the following are the fines and sanctions:

• First DUI conviction – jail time of 1 day to 1 year and fines from $150 to $1,000. The court may decide to order public service instead of jail time. If, during the first conviction, you have a child under 16 onboard the vehicle, jail time will be increased to 7 days to 1 year.
• Second DUI conviction (within the 5-year period of the first conviction) – jail time of 7 days to 1 year and fines from $400 to $3,000. If with child under 16 onboard the vehicle, jail time will be from 30 days to 1 year.
• Third DUI conviction – jail time of 90 days to 1 year, fines from $900 to $5,000, and minimum community service of 90 days. If with child under 16 onboard the vehicle, jail time will be from 120 days to 1 year and minimum community service will be increased to 120 days.
• Fourth DUI conviction – classified as a felony; jail time of 1 to 6 years, fines from $900 to $5,000, and minimum community service of 1 year. If with child under 16 onboard the vehicle, jail will be from 2 to 6 years and minimum community service will be increased to 2 years.

Aside from these, Arkansas DUI Laws also impose driver’s license penalties through the Arkansas Department of Finance and Administration as follows:
1. First offense – 120 days;
2. Second offense – 24 months if within 5 years of the first offense;
3. Third offense – 30 months without restricted license for a year; and
4. Fourth offense or consequent DUI – four years revocation.

However, if the second or subsequent convictions occurred after the 5-year washout period, the penalties and sanctions imposed will be that of a first DUI conviction.