Arkansas DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In some states, the implied consent law is attached to applying for and getting your license. In Arkansas, the implied consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Arkansas. You automatically forfeit the right to refuse a blood, urine, or breath test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Arkansas. Refusal to cooperate with an officer of the law will suspend your driver’s license from six months to one year. Typically, the driver’s license suspension will be 180 days (6 months) for the first offense. You may also be refused a limited license if you refuse to take the chemical tests.

Arkansas puts individuals arrested for DUI through two court procedures. DUI offenders will be tried in a criminal case and a separate DUI driver’s license case. The criminal case will deal with jail time to be served, mandatory alcohol education classes, fines, mandatory Ignition Interlock Device, and driver’s license suspension. You have seven days from the time of the arrest to request the DUI driver’s license court appearance or your license will be suspended immediately.

Anyone who has a blood alcohol content (BAC) of .08% or above is considered to be intoxicated in the state of Arkansas. The BAC is the only proof needed to make a DUI conviction in Arkansas. Intoxicated is understood in Arkansas law to mean you are influenced or affected by alcohol or other controlled substances which have been taken into your system to a point where your reactions, motor skills, and judgment are no longer sound and thus you are a risk to yourself and other when you are behind the wheel of a car.

A BAC of .15% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. DUI penalties will also be increased for child endangerment or an accident which involves injuries or deaths due to drunk driving. Under age drinking and driving limits are currently set at .02% in Arkansas. This may soon change to 0.0%. The penalty for DUI’s in this category is applied to anyone under the age of 21.

Repetitive DUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. A second penalty may involve Mandatory Alcohol Education or treatment. You will be required to complete a program as part of your probation or suspended sentence. By taking the classes, you may be able to avoid jail time and extensive fines. You may loose your vehicle either permanently or for a specified length of time. This penalty is usually a consequence for repeat offenders. You may also be required to put the Ignition Interlock Device on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content on your breath.


The first DUI will result in 24 hours to one year of public service or jail time. If a child under the age of 16 is in the vehicle at the time of the arrest, this increases to seven days to one year. Your license will be suspended for six months and you will be fined from $500.00 to $1,000.00. You may also be required to install the Ignition Interlock Device as well as attend an Alcohol Education or Treatment program at a cost of $125.00 out of your pocket and attend a Victim Impact Panel.

If you receive your second offense within five years of the first one, you will serve a jail sentence of seven days to one year. Should a child under 16 be with you, the minimum jail time rises to 30 days to one year. Fines will be assessed from $400.00 to $3,000.00 and your license will be revoked for 24 months. After 45 days of your license suspension has been served, you may be ordered to install the Ignition Interlock Device, complete an Alcohol Education or Treatment program and attend a Victim Impact Panel.

The third DUI incurred within five years of the first one will land you with a minimum of 90 days up to one year of jail time unless you have a child under 16 with you. This will increase the minimum jail time to 120 days. You will pay $900.00 to $5,000.00 in fines and loose your license for 30 months. After serving one year of the suspension, you may be ordered to install the Ignition Interlock Device on your vehicle. Community service will be required for 90 days unless there is a child under 16 involved, in which case community service goes up to 120 days. The Alcohol Treatment/Education program and Victim Impact Panel will also be required.

The fourth DUI committed within five years of the first is considered a felony. The jail time goes from one year to six years. If a child under 16 is in the vehicle, your jail time will run from two years to six years. You will shell out between $900.00 to $5,000.00 in fines as well as loosing your license for four years. This offense may also result in the loss of your vehicle if it has been three years or less from your first DUI conviction. Community service of one year, or two years if a child under 16 is in the car, will be imposed. You will also have to attend Alcohol Education Classes.