PENALTIES FOR DWI, IMPOSED BY THE COURT,
IF CONVICTED
These penalties are not imposed by the court
system. In fact the judge cannot lessen or change these
penalties. They are imposed entirely outside the criminal
courts and by the Arkansas Dept. of Finance and Administration.
FIRST OFFENSE
DWI/DWI (Alcohol) 120 days suspension if
breath test under .18. Under some circumstances, you can
get a restricted license for work or school purposes
DWI\DWI (Drugs) Suspension for six months.
REFUSAL 180 DAYS. If court orders an interlock
restricted license, then the suspension period for which
no restricted license shall be available shall be a minimum
of 90 days. No restricted license under §5-65-120.
SECOND OFFENSE:
DWI/DWI Suspension for 24 months for 2nd
offense within 5 years of the first offense. After one
year can get interlock and restricted license after one
year.
REFUSAL: Two-year suspension. No restricted
permits
THIRD OFFENSE:
DWI\DWI Suspension for Thirty months. No
restricted license for one year.
REFUSAL: Revocation for three years. No
restricted permit or license.
FOURTH or subsequent OFFENSE:
DWI\DWI Revocation for four years. Even
if it is the tenth DWI, it is only 4 years.
REFUSAL: Lifetime Revocation.
WHEN SHOULD I CALL MY LAWYER?
As soon as possible. The day of your arrest
is best. The following day if possible
IF YOU PLEAD GUILTY, WHAT HAPPENS AFTER
YOU COMPLETE YOUR SUSPENSION?
You have to take affirmative actions to
get your license back. This will not happen automatically
and your license will remain suspended after the sentence
is up if you do not do the following:
Remember it is your job to know when your
suspension is up and to get this done.
WHAT RULES APPLY TO TAKING A BREATH,
BLOOD, OR URINE SAMPLE
The Police Dept. will designate what test
you take, not the officer. It is not your choice, except
that you may decline a blood test if your are willing
to take a breathalyzer or urine test
The police shall be responsible for paying
all expenses incurred in conducting the tests.
If you request an additional test, you pay
the costs. If you are found not guilty, then the police
will pay this bill too.
If you object to blood being drawn, they
have to take breath or urine, so always object.
All tests to be considered valid shall be
performed according to methods approved by the Arkansas
State Board of Health. §5065-204(c)
Defendant (you) has the right to have a
qualified person OF YOUR OWN CHOICE administer a complete
chemical test in addition to any test administered at
the direction of a law enforcement officer. OFFICER MUST
TELL YOU THIS IN WRITING.
Also, if you request, full information concerning
the test shall be made available to you or your attorney.
§5-65-203 (f).
When can license be suspended administratively?
They must give you notice. Routinely, cop
will give hand delivered notice at time of arrest. However
(a)(3) says "For all notices which are personally
delivered, the person shall be asked to sign a receipt
acknowledging he received the required notice."
When the Department of Finance and Administration
receives a sworn report from the law enforcement officer
that he had reasonable grounds to believe the arrested
person had been operating or was in actual physical control
of a motor vehicle while intoxicated or over the per se
limits. Within 7 days of the issuance of the receipt.
The failure of the officer to timely file this report
shall not affect the authority of the Office of Driver
Services to suspend or revoke the driving privilege of
the arrested person.
AND
The report must be accompanied by a written
chemical test report reflecting that the arrested person
was intoxicated or had an alcohol concentration of 0.08.
OR
Is accompanied by a sworn report that the
arrested person refused to submit to a chemical test of
blood, breath or urine FOR THE PURPOSE OF DETERMINING
THE ALCOHOL OR CONTROLLED SUBSTANCE CONTENTS OF THE PERSON’S
BLOOD OR BREATH.
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In Order to Prevent Administratively
losing your license, you must ask for a hearing.
HEARING PROCEDURES:
You must request a hearing.
§ 5-65-104
The hearing MUST be requested within 7 calendar
days or you lose your right to a hearing. Use the form
given you by the police officer and they must give you
a hearing within 20 days. If hearing not scheduled within
20 days, they must give you a temporary driving permit
until the hearing.
Where and when will the hearing take
place?
In the office of the Revenue Division of
the Department of Finance and Administration nearest the
county wherein the alleged events occurred UNLESS the
Driver Services and the you agree otherwise to the hearing
being held in some other county, or Driver’s Services
may schedule the hearing or any part thereof by telephone.
What can be contested at the hearing? Believe
it or not, currently nothing can be contested at the hearing.
They simply look to see if they have a report showing
driving and intoxication. If so, that is it. But this
is not what the law requires and the legality of these
hearings are now being contested.
Can the hearing be recorded? No
WHAT THE LAW SAYS SHOULD BE CONTESTED AT
HEARING: §5-65-104 (8)(a) says:
The scope of the hearing shall cover the
issues of whether:
The officer had reasonable grounds to believe
the person had been operating or was in actual physical
control while intoxicated or 0.08.
OR refused a chemical test.
If the accusation is based upon a chemical
test result and a sworn report the hearing shall also
cover the issues as to whether: (Act 561 p44)
The person was advised that his privilege
to drive would be revoked, suspended, or denied if the
test result reflected an alcohol concentration of 0.08
or more
The breath, blood, or urine specimen was
obtained from the person within four hours.
The testing procedures used were in accordance
with existing rules; and
The test result in fact reflects an alcohol
concentration, other intoxicating substances, or a combination
thereof.
If the suspension is based on a refusal,
then the scope of the hearing shall also include whether:
The person refused to submit to the test
or tests
The person was informed that his privilege
to drive would be revoked, suspended, or denied if he
refused.
What is a previous conviction for administrative
suspension purposes?
Act 561 p45 (§5-56-104)
Any DWI, but not a DWI ("Any suspension
under §5-65-103"). Doesn’t count if not
convicted.
Any refusal, unless acquitted of the criminal
charge.
Who has the burden of proof?
The state does (Act 651 p44.) The decision
shall be based on a preponderance of the evidence.
