DWI

What’s the Difference Between a DWI and DUI in Arkansas?

In Arkansas, a DWI includes any person who is driving with a breath or blood alcohol level of .08 or higher. 

A DUI is an underaged driver who is driving while under the influence of alcohol or a similar intoxicating substance and who has a breath or blood alcohol content of between .02 and .08.

Can I Get a DWI if I’m Not Driving?

In Arkansas, the legal definition of a DWI is conducting prohibited vehicular activity while intoxicated. “Prohibited vehicular activity” is defined as, “to operate or be in actual physical control.” It is most common for people to receive DWIs while driving, but you can also receive a DWI if you start your car while intoxicated, or get into the driver’s seat while in possession of the keys. 

Can I Get a DWI if I’m Not Driving a “Car”?

Yes. You can get a DWI for operating any motorized vehicle while under the influence. This includes, but is not limited to:

• ATVs
• Golf Carts
• Motorcycles
• Motorized Bikes
• Motorized Scooters
• Riding Lawn Mowers 

In Arkansas, you cannot receive a DWI while riding a bike. However, you can still receive a citation for public drunkenness. 

Can I Get a DWI If I’m Not on a “Road”?

Yes. You can get a DWI anywhere in Arkansas, as long as you are driving or in control of a motorized vehicle and you are intoxicated. This includes off-road trails, parking lots, private property, and other areas where a driver’s license is not legally required. 

What Is “Impaired”?

The legal definition of impaired as it applies to a DWI is “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.” (Ark. Code Anno. § 5-65-102(1).

What Are the Penalties for a DWI?

The penalties of a DWI will vary depending on a number of factors, including:

• Whether or not it’s your first offense
• Whether or not you were breaking other laws as well
• How impaired you are found to be

First Offense

For a first offense, the penalties can be anywhere from 24 hours to 1 year in jail. Often, public service may be offered in lieu of jail time, so long as there were no aggravating circumstances (i.e. the presence of a weapon, resisting arrest, reckless endangerment, a minor under 16 was present, etc.). You may also receive a $150-$1,000 fine plus court costs. Your license will be restricted for six months and an ignition lock will be installed in your car.

Second Offense

A second offense of DWI within a five year period can bring a 7-day to 1-year jail sentence, a $400-$3,000 fine, and a 24-month license suspension. Ignition interlock will be installed immediately. 

Third Offense

For the third offense within a five-year period, you will relieve a 90-day to 1-year jail sentence and a $900-$5,000 fine. Your license suspension jumps to 30 months and you may have to install an ignition interlock, although you cannot install it for 45 days (which means no driving at all because your license is suspended). 

Fourth Offense

For a fourth DWI offense in five years, you may receive a 1 to 6-year prison term. You may also have to pay a $900-$5,000 fine. Your license will be revoked for 4 years with no restricted permits available. 

If the fourth offense occurs within a three year period, you may be ordered to forfeit your vehicle. 

Fifth Offense

A fifth DWI offense within five years is considered a felony. You can receive a 2 to 10-year prison term and may have to pay $900-$5,000 in fines. Your license will be revoked for four years and if your offense is within a three-year period you may be ordered to forfeit your car. 

If you are pulled over for a DWI or you are facing DWI charges, contact the Digby Law Firm. We’re here to help you fight unfair charges and sentences.