1. What are the minimum and maximum penalties for a first time DUI offense in Arkansas?
The minimum and maximum penalties for a first time DUI offense in Arkansas are a fine of up to $1,000 plus court costs, up to one year in jail, and a one-year license suspension.
2. What is the legal Blood Alcohol Content (BAC) limit in Arkansas?
In Arkansas, the legal Blood Alcohol Content (BAC) limit is 0.08%.
3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Arkansas?
Yes, it is a criminal offense in Arkansas to refuse to take a chemical test after being pulled over for suspicion of DUI. Refusal to submit to a chemical test is considered a Class A misdemeanor and can result in up to one year in jail, a $2,500 fine, or both. Additionally, the Arkansas Driver Services Office may suspend the individual’s driver’s license for six months.
4. How long does a DUI conviction stay on an individual’s record in Arkansas?
A DUI conviction in Arkansas will remain on an individual’s record for life.
5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Arkansas?
No, there are no exceptions to the zero tolerance policy on underage drinking and driving in Arkansas.
6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Arkansas?
Yes, Arkansas law prohibits anyone under 21 years of age from purchasing, consuming, or possessing any alcoholic beverages. It is also illegal for a person under 21 to attempt to purchase or possess alcohol with any false identification or false evidence of age.
7. Are there any ignition interlock laws in Arkansas?
Yes, Arkansas does have an ignition interlock law. The law requires anyone convicted of a DWI in Arkansas to install an ignition interlock device in their car for a designated period of time. The period of time is determined by the judge.
8. What type of license suspension is issued for a DUI conviction in Arkansas?
In Arkansas, a DUI conviction can result in a driver’s license suspension lasting between 90 days and 2 years, depending on the circumstances of the case.
9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Arkansas?
Yes, an individual charged with a DUI in Arkansas will typically be required to attend drug and alcohol classes or treatment programs as part of their sentence. This requirement is usually mandatory for anyone convicted of a DUI in the state, and can range from a few hours of classes to months of individual counseling or treatment.
10. Does Arkansas have an implied consent law for chemical testing after a DUI arrest?
Yes, Arkansas has an implied consent law for chemical testing after a DUI arrest. The law states that any person who operates a motor vehicle in Arkansas is deemed to have given consent to chemical testing of his or her blood, breath, or urine to determine the presence of alcohol or drugs. If a person refuses to submit to chemical testing, his or her driver’s license will be suspended for six months.
11. Are there any laws requiring sobriety checkpoints or roadblocks in Arkansas?
Yes, sobriety checkpoints are allowed in Arkansas. The Arkansas Supreme Court ruled in 2017 that sobriety checkpoints were constitutional and did not violate a person’s Fourth Amendment rights. However, all checkpoints must be conducted according to Arkansas’s regulations, which include advance publicity of the checkpoint location, hours, and personnel in charge of the operation.
12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Arkansas?
Yes, there are restrictions on the types of vehicles an individual may operate following a DUI conviction in Arkansas. Any person convicted of DUI must have an ignition interlock device (IID) installed on any vehicle they plan to operate prior to receiving driving privileges. Those with a commercial driver’s license (CDL) are not eligible for an IID and must surrender their CDL for a period of one year.
13. Is it possible to have a DUI charge reduced to a lesser offense in Arkansas?
Yes, it is possible. Depending on the specific circumstances of the case, it may be possible to plea bargain and have the DUI charge reduced to a lesser offense, such as reckless driving or careless driving.
14. What is the legal limit for open containers of alcoholic beverages while driving in Arkansas?
In Arkansas, it is illegal to drive with any open container of an alcoholic beverage in the vehicle.
15. Does insurance coverage change after a DUI conviction in Arkansas?
Yes. Arkansas law requires that all drivers convicted of DUI must purchase and maintain SR-22 insurance, which is a form of high-risk insurance. This type of coverage is usually much more expensive than regular car insurance. Additionally, many car insurance companies in Arkansas will drop clients who are convicted of DUI or other serious driving offenses.
16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Arkansas?
No, an individual may not drive with a revoked license resulting from a DUI conviction in Arkansas. The license must be reinstated by the Arkansas Department of Finance and Administration before the individual can legally drive in the state.
17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Arkansas?
Yes, Arkansas law requires that anyone convicted of DUI must purchase and maintain automobile liability insurance for a period of three years from the date of conviction. This type of insurance is commonly referred to as SR-22 insurance. It is illegal to operate a vehicle in Arkansas without the required insurance.
18. Is plea bargaining allowed for DUI cases in Arkansas?
Yes, plea bargaining is allowed for DUI cases in Arkansas. Depending on the circumstances, a plea bargain may be offered to reduce the DUI charge or to reduce the associated penalties.
19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Arkansas?
In Arkansas, the individual has to request a hearing with the DMV within 30 days of the date of the DUI conviction.
20. Does Arkansas offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?
Yes, Arkansas does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. These programs typically involve attending an approved substance abuse education program, completing community service, and paying a fee.