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Arkansas DUI State Law

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Arkansas DUI Laws

1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties
Alabama's Implied Consent Law

It is critical that you know the Arkansas DUI laws. If you are arrested and charged with DUI, you need to hire an Arkansas DUI lawyer as quickly as possible. Anyone who does not file a request for a hearing within 7 days of their arrest with the Arkansas Department of Finance and Administration Office of Motor Vehicle, will have an automatically suspended license.

Arkansas Blood Alcohol Concentration

There are two times when Arkansas DUI laws are put into effect.

1.      If you should any impairment while driving, this is known as a common law DUI charge. To show you are impaired, police may use your driving patterns, a failed sobriety test, a chemical text or base their decision on your physical appearance. According to Arkansas DUI laws, police do not have to rely on a blood alcohol level to charge you!

2.      If your blood alcohol level is used, anything over a 0.08 percent level is in violation of the state laws. If your BAC is above 0.08 percent and you show no evidence of impairment: Police Can Charge You!

If your blood alcohol level is .18 percent or higher, you may be charged with enhanced penalties. This includes 24 months of driver's license revocation.

Implied Consent

Arkansas has an implied consent law, meaning you agree to provide a chemical test to determine intoxication just by driving in the state.

If you refuse a test of your blood, urine or breath, this may be submitted in a court of law as consciousness of guilt. It may also result in additional Arkansas DUI penalties.

Arkansas DUI 1st Offense:

In a criminal court of law, a first offense will result in:

  • One day to one full year in jail
  • A fine between $150 and $1000, plus payment of court costs
  • Public service may be offered in lieu of jail time
  • 120 days suspension if a breath test is under .15. A restricted license may be offered to some
  • You will be charged with a misdemeanor

Arkansas DUI 2nd Offense:

A second offense of DUI within the 5-year look back period will result in additional charges. The look back period applies to the previous five years. If you have been charged with DUI in the previous five years, this counts as a second offense. Arkansas DUI penalties will include:

  • Seven days to one year in jail, no less than 30 days of community service in lieu of jail time for some
  • A fine of no less than $400 up to $3,000, plus $300 worth of court costs
  • Suspension of your driver's license for up to 24 months. One year after, you may be able to obtain a restricted license with an interlock device.
  • You will be charged with a misdemeanor 

Arkansas DUI 3rd Offense:

  • 90 days to one year of jail time, or at least 90 days of community service
  • Fines no less than $900 up to $5,000
  • Driver's license suspension of at least 30 months, no restricted license for at least one year
  • You will be charged with a Class D FELONY

Subsequent Offenses:

In subsequent Arkansas DUI law offenses, individuals may receive a felony charge, which may include:

  • One to six years in a state penitentiary or no less than a full year of community service for a fourth offense, and two years up to 10 years for a fifth offense
  • Fines up to $5000
  • Revocation of driver's license for at least four years
  • These are also felony charges

Hire An Arkansas DUI Lawyer

It is imperative that you hire an Arkansas DUI lawyer if you have been charged with DUI in Arkansas. Attorneys can offer substantial aid; including helping you to lesson charges or even get them dropped. Attorneys may be able to reduce fines, jail time and license revocations.


  • Batesville
  • Benton
  • Bentonville
  • Blytheville
  • Cabot
  • Camden
  • Conway
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  • Fayetteville
  • Forrest City
  • Fort Smith
  • Harrison
  • Hot Springs National P
  • Jacksonville
  • Jonesboro
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  • Paragould
  • Pine Bluff
  • Rogers
  • Searcy
  • Sherwood
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  • Texarkana
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  • West Memphis
  • White Hall
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