DWI Offenses

Immediately. With a DWI, there are several important deadlines that happen very quickly. You have 7 days from the date of arrest to formally request a hearing with the Department of Finance & Administration to challenge your driver’s license suspension. This suspension will go into effect automatically 30 days after your arrest. You will need to be approved for a restricted license and in many circumstances, have your car outfitted with an ignition-interlock device (AKA a blow-and-go), in order to drive legally once that suspension goes into effect. All of this will likely happen BEFORE YOU EVER TO GO TO COURT on a DWI charge. Even crazier, you are facing a mandatory 10-day jail sentence if arrested for driving on a suspended license stemming from a DWI.

For those convicted of a first DWI, the sentencing range is 1-365 days in county jail and a $100-1,000 fine, plus a Mothers Against Drunk Driving (MADD) Victim Impact Panel, a drug and alcohol safety education course, and a six-month license suspension (which began 30 days after arrest). Most courts sentence first-timers to a fine and no additional jail time beyond the time they spent in custody during their arrest. However, some courts impose 1-2 days of county jail time, and there is a 7-day mandatory minimum for those convicted of DWI while a child under 16 is present in the car.

For those convicted of a second DWI within 5 years, the mandatory minimum goes up to 7 days county jail, and for a third DWI within 5 years, the mandatory minimum goes up to 90 days jail. Those charged with a fourth or greater DWI offense within 5 years or a sixth or greater within 10 years face felony charges with mandatory minimum prison time.

In Arkansas, a DUI refers to a charge involving someone less than 21 years old who is alleged to have a blood-alcohol content (BAC) above 0.02, but under 0.08. It carries less severe penalties than a DWI charge. Whether in a car or on a boat, whether alleging intoxication by alcohol or some other substance, everything else in Arkansas law is a DWI. Even those under 21 may be charged with DWI if their BAC is alleged to have been above 0.08.

No. Under Arkansas law, judges may NOT place anyone on probation for a DWI conviction. Just another way that DWIs are special.

Yes, immediately after it is dismissed.

Yes, but you are not eligible to file a petition to do so until 5 years after the completion of the last part of your sentence. It will then be up to the sentencing judge to the make that decision.

1) You may not be. 2) Regardless, you may need assistance navigating the complex webs of administrative hearings and court appearances associated with a single DWI charge. In a state such as Arkansas, where being able to drive is almost necessary for anyone with a job and/or a child, you need to ensure you are able to drive legally and able to reinstate your license as quickly as possible. Also, without an attorney, you will likely be advised of the “standard” fines and fees; these are often negotiable with the assistance of an attorney.