Blood Alcohol Concentration (BAC)
In Arkansas, the legal limit of BAC is .08 percent.
Factors that include alcohol absorption and its effects include: gender, age, body mass, food consumption, and rate of alcohol intake.
The American Medical Association has defined the blood alcohol concentration level of impairment for all people to be 0.04 grams/100 milliliters of blood (equivalent to .04 grams/210 liters of breath).
Observable Effects (BAC)
0.02 Relaxation, slight body warmth
0.05 Sedation, slowed reaction time
0.10 Slurred speech, poor coordination, slowed thinking
0.20 Trouble walking, double vision, nausea, vomiting
0.30 May pass out, tremors, memory loss, cool body temperature
0.40 Trouble breathing, coma, possible death
0.50 and greater: Death
Alcohol Content
General equivalent of alcohol content per serving:
12 oz Beer = 5 oz wine = 1.5 oz shot
BAC Testing
Blood alcohol testing is administered by breath test (Breathalyzer) or blood test.
If you get a ticket for driving while intoxicated, you MUST apply for a hearing within 7 days or your license will be automatically suspended 30 days from the date of arrest.
Criminal Court Penalties
1st Offense: One day to one year in jail and a fine of $150 up to $1,000, plus court costs of $300. The court has the discretion to order public service in lieu of jail.
2nd Offense: Seven days to one year in jail or no less than 30 days community service and a fine of $400 up to $3,000, plus court costs of $300.
3rd Offense: Ninety (90) days to one year in jail or no less than 90 days community service and a fine of $900 up to $5,000.
4th Offense: A fourth offense DWI is a felony in Arkansas. One year to six years in the state penitentiary or not less than one year of community service. A fine of $900 to $5000.
5th Offense: A fifth offense DWI is also a felony. Two years to ten years for the fifth or subsequent offense in the state penitentiary or not less than two years of community service. A $900 to $5,000 fine.
Arkansas DWI arrestees may be subject to an ignition interlock requirement.
AR DFA Penalties
1st Offense:
DWI (Alcohol): 120 days suspension if breath test under 18. Under some circumstances you can get a restricted license for work or school.
DWI (Drugs) Suspension for six months.
Chemical Test Refusal: 180 days. If the court issues an interlock restricted license, then the suspension period for which no restricted license shall be available shall be a minimum of 90 days.
2nd Offense:
DWI (with chemical test): Suspension for 24 months for a second offense within 5 years of the first offense. after one year can get interlock and restricted license.
Refusal: Two year suspension. No restricted license is available.
3rd Offense:
DWI (with chemical test): Suspension for 30 months. No restricted license for one year.
Refusal: Revocation for three years. No restricted permit or license is available.
4th Offense:
DWI (with chemical test): Revocation for four years.
Refusal: Lifetime revocation.
Blagg Law Firm, P.A. 