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Summary of Arkansas Impaired Driving Statutes.

 

COMMON ACRONYM(S) USED TO DESCRIBE "DRUNK DRIVING":
DWI refers to adults over 21 who is intoxicated or is driving with blood/ breath alcohol above .08; DUI describes the underaged driver who has a blood/breath alcohol above .02 or is affected by alcohol

PROHIBITED VEHICULAR ACTIVITY:
"operate or be in actual physical control"

COVERED VEHICLES OR DEVICES:
"a motor vehicle"

COVERED LOCATIONS:
Anywhere in the state. Riding lawn mowers, driving off road, even places where a driver's license is not required .

(2) Driving, etc., with a blood alcohol concentration of .08 percent or more. (per se offense)

DEGREE OF IMPAIRMENT REQUIRED FOR CONVICTION:
Impairment "to such a degree that the driver's reactions, motor skills, and judgment are substantially altered, and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians." See ASA § 5-65-102(1).

strong> PENALTIES FOR DRINKING-DRIVING OFFENSES:
[Ark Code Annot. § 5-65-104, 111-117]

(1) For first conviction: 24-hour to 1-year jail sentence; $150 to $1,000 fine; 120-day license suspension if chemical test is under .15. Six months if refusal or .15 or above. Public service may be ordered in lieu of jail. Increased penalty if there is a passenger under 16 years of .age. Work permit or interlock if under .15

(2) For second conviction within 5-year period: 7-day to 1-year jail sentence; $400 to $3,000 fine; 24-month license suspension. Increased penalties if there is a passenger under 16 years of age. No work permit and no interlock device for one year.

(3) For third conviction within 5-year period: 90-day to 1-year jail sentence; $900 to $5,000 fine; 30-month license suspension. Increased penalty if there is a passenger under 16. No interlock for one year. No work permit.

(4) For fourth or subsequent conviction within 5-year period (a felony): 1-year to 6-year prison term; $900 to $5,000 fine; 4-year license revocation; forfeiture of vehicle. Increased penalty if there is a passenger under 16 years of age. No restricted permits.

STATUTORY DRINKING-DRIVING PRESUMPTIONS:
[Ark. Code Annot. § 5-65-206(a)]

(1) BAC of .04 percent or less - The person is presumed not under the influence of intoxicating liquor.

(2) BAC of more that .04 percent but less than .08 percent - No presumption but admissible evidence.

IMPLIED CONSENT LAWS:
[ASA §§ 5-65-202, et seq.]

(1) Tests Permitted: Blood, breath or urine test as determined by law enforcement agency, except that blood test requires consent. Urine test not to be used unless others unavailable.

(2) Type of advisement required: Of right to independent test and officer will assist you in obtaining such a test and the fact that law enforcement will reimburse you for cost of independent test if you are found not guilty.

(3) Penalties for refusal: Immediate license seizure and license suspension for 6 to 36 months or lifetime for fourth offense. There are no criminal penalties.

(4) Admissibility of refusal: Admissible in DWI/DUI case. See Spicer v. State, 32 Ark. App. 209, 799 S.W. 2d 562 (1990).

CHEMICAL TEST LAWS:
[Ark. Code Annot. §§ 5-65-204, 206, 207]

(1) General provisions: Chemical test must be performed by a person having a valid permit and in accordance with methods approved by the State Board of Health and the State Department of Health. Breath test must be performed on a machine or instrument that is constructed so that the breath analysis is made and displayed automatically, without adjustment by the operator. The Datamaster machine is the only machine in use in Arkansas.

(2) Administrative rules & regulations: Adopted by Department of Health and Board of Health.

(3) Disclosure of test information: Full information must be provided to person tested or attorney upon request.

BLOOD DRAWING STATUTE:
None exists.

INDEPENDENT TEST STATUTE:
The person tested may have a physician or other qualified person of his or her choice administer a chemical test in addition to the police test. The law enforcement officer must advise the person of this right, and a failure to do so, and a failure to permit and assist the person in obtaining such a test, precludes the admission into evidence of the police test. See ASA § 5-65-204(e).

PLEA BARGAINING STATUTE:
A person arrested for a DWI or Per Se offense must be tried on such charges and such charges may not be reduced. See Ark. Code Annot. § 5-65-107.

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