Arkansas has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Arkansas Department of Finance and Administration
Arkansas is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 7 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 8th for 150 days, although first-time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Arkansas, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: 24 hours to 1 year in jail, fines up to $1,000 plus court costs, 6-month license suspension, completion of an alcohol treatment program, and installation of an interlock device.
- Second Offense – Misdemeanor: 7 days to 1 year in jail, community service, fines up to $3,000 plus court costs, two-year license suspension, installation of an interlock device, and completion of an alcohol education or treatment program. An IID-restricted license may be available during the suspension period after serving a mandatory 45-day suspension.
- Third Offense (within five years) – Misdemeanor: 90 days to 1 year in jail, fines up to $5,000 plus court costs, 30-month license suspension, installation of an interlock device, and completion of an alcohol education or treatment program. An IID-restricted license may be available during the suspension period after serving a mandatory 45-day suspension.
- Fourth Offense – Felony: 1 to 5 years in jail, fines up to $5,000 plus court costs, 4-year driver’s license revocation (no restricted license available), and completion of an alcohol education or treatment program. IID-restricted licenses are not granted. Vehicle may be seized (if within 3 years of first DUI)
- Fifth and Subsequent Offense – Felony: 2 to 10 years in jail; fines up to $5,000 plus court costs, minimum 4-year driver’s license revocation, and completion of an alcohol education or treatment program. IID-restricted licenses are not granted.
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