What happens to you if you are arrested for a DUI in Arkansas? Can you refuse chemical tests? Will you have to have an ignition interlock device (IID) installed? What exactly is considered DUI in Arkansas? You will find the answer to all of these questions and more below.
Consequences for Refusing to Take Chemical Tests
Arkansas is an implied consent state, so there are penalties in place for refusing to take chemical tests if you are arrested for a DUI:
- First offense – six-month revocation
- Second offense – two-year revocation
- Third offense – three-year revocation
Revocation is different from a suspension. Whereas with a suspension your license would be re-instated after the time had been served, you must reapply and pass all driving tests again with a revocation.
Challenging BAC Levels in Court
Blood alcohol content (BAC) is what the officers will use, sometimes in addition to roadside tests, to determine if you are DUI. You will find the BAC DUI levels for Arkansas below:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Arkansas?
If you are arrested in Arkansas, there are mandatory jail sentences in place.
- First time offenders – minimum of 24 hours and a maximum of one year in jail
- Second time offenders – minimum of seven days and a maximum of one year in jail
- Third time offenders – minimum of 90 days and a maximum of one year in jail
- Fourth time offenders – minimum of one year and a maximum of six years in jail
Monetary Fines and Penalties for DUI in Arkansas
Arkansas monetary fines start rather low, but can escalate for repeat offenders:
- First offense – minimum of $150 with a maximum of $1,000
- Second offense – minimum of $400 with a maximum of $3,000
- Third offense – minimum of $900 with a maximum of $5,000
- Fourth offense – minimum of $900 with a maximum of $5,000
License Suspension for DUI in Arkansas
There is a mandatory suspension for all DUI convictions in Arkansas:
- First offense – six month suspension
- Second offense – two-year suspension
- Third offense – 30 month suspension
- Fourth offense – four-year suspension
IID installation is required for all offenses.
Finding a DUI Attorney in Arkansas
DUIRights.com offers all the resources you will need if arrested in Arkansas for a DUI. You can submit your case details for a free evaluation as well as finding information for local DUI attorneys.
First offense. I pulled over to rest in a parking lot and police came up to my window and asked me to do sobriety test. Then had me blow which I did three times, twice in one machine and then again in another machine. None registered so the wanted me to blow harder but I refused feeling they were trapping me. So the wrote refused to chemical test and took me to jail. I don’t believe they had probable cause to request a sobriety test as all I was doing was sitting in my car in a parking lot resting and getting ready to call an Uber.
Marvin, did you tell the police that you were driving? If so then they have probable cause to do the tests. If you were “dropped off at you car” from a friend and told them you were not driving then they don’t. Sounds like you tried doing the right thing by calling an Uber. Talk to your lawyer to try and convince the prosecutor that you weren’t even driving. The police just assumed you were driving.