What Happens After a DUI?

First and foremost, driving while intoxicated is dangerous and deadly. Alcohol impairs your judgment and slows your reaction time, and you need both when driving. The penalties for DUI are serious and can impact your life permanently.

If you are arrested and charged with Driving Under the Influence (DUI), you may not only face jail time, but you will be in danger of losing the ability to drive legally. Even your first DWI comes with a significant license suspension, and punishments only increase if you are a repeat offender.

Here’s what you can expect after a DUI.

DWI/DUI Penalties in Fayetteville, AR

The punishments for a DWI/DUI in Arkansas grow if you continue to accumulate more. Keep in mind that fines are dependent on other factors surrounding the charge, including the extent of injuries to other persons and property.

First DUI offense

• Incarceration up to one year, or no less than seven days of community service
• Fines up to $1,000
• Driver’s license suspension between 4 and 6 months
• For a Blood Alcohol Content (BAC) over .15%, a 180-day license suspension minimum
• Ignition interlock device

Second DUI within Five Years

• Incarceration between 30 days and one year, or no less than 30 days of community service
• Fines up to $3,000
• 2-year driver’s license suspension
• Ignition interlock device

Third DUI within Five Years

• Incarceration between 90 days and one year, or no less than 90 days of community service
• Fines up to $5,000
• 30 or 36-month driver’s license suspension
• Ignition interlock device

Fourth DWI within Five Years

• Imprisonment between one and six years, or no less than one year of community service
• Fines up to $5,000
• Driver’s license revocation between four years and life

Fifth DWI within Five Years

• Imprisonment between two and six years, or no less than two years of community services
• Fines up to $5,000
• Driver’s license revocation between four years and life

Implied Consent & Refusing DWI Tests

While field sobriety tests and roadside breathalyzers are optional, if you drive in Arkansas, you indirectly agree to the state’s implied consent laws. This means, if you drive in Arkansas period, you agree to submit to DUI testing.

If you refuse to take a chemical test, you are breaking the implied consent law, which in and of itself is a separate charge that carries a penalty of a six-month suspension of your license. This would be on top of any other charges you face.

Getting Your License Back After a DUI Suspension

Once you’ve completed your DUI sentence, your driver’s license is not just handed back to you. Like many other states, Arkansas has multiple administrative steps to complete before you can get your license back and get back on the road. This includes things like:

• DUI Treatment Classes and Reinstatement Letter – First, you will need to take an alcohol treatment or education program certified by the state and pay a $150 reinstatement fee. Then, you must obtain an SR22 certificate which shows that you meet your state’s minimum auto liability insurance requirements. This certificate needs to be kept valid for three years.After completing class and obtaining your SR22, you will have to get a reinstatement letter from the Department of Finance and Administration that certifies any outstanding suspensions have been revoked. Then, you can go to the DMV and get your license back.
• Higher Insurance Rates – Once the dust settles and you reacquire your license, you will also need auto insurance; but keep in mind that rates for DUI offenders are much higher than those with clean driving records and can be extremely prohibitive.Plus, your rates will continue to increase with any other traffic violation you receive, even if it is not alcohol-related.
• Get Help with a DWI & Protect Your License – The best way to address a DWI and subsequent license suspension is before you’re convicted. An effective lawyer can mitigate the harm to your driving and criminal record by fighting to get a charge reduced or dismissed. Even if you must accept a DWI license suspension, your attorney can assist with the administrative hoops of the DUI process that you’ll need to jump through to get your license back.

Contact The Law Group of Northwest Arkansas PLLC if you or a loved one are arrested for drunk driving. To schedule a free, initial consultation about the impact of a DWI, use our online contact form or call (479) 439-9769.