In Arkansas, you can be convicted of DWI in two different ways. One is by having a blood alcohol content of .08% and the other is by erratic driving, failing sobriety tests, or otherwise being found incapacitated by drugs or alcohol. If a minor is tested and has a BAC of .02% or higher, they are arrested for DWI as well.
First Offense
A first offense will result in a license suspension of 6 months. If there were children under the age of 16 in your car when you were arrested for DWI, you will face jail time of anywhere from 1 week to 1 year or significant community service. Otherwise, your jail time can range from 24 hours to 1 year. As far as fines, if it is your first DWI conviction, the legal fines that you will be responsible for will be no less than $150 and no more than $1000. This does not include any additional fees that are required to carry out your sentence, including alcohol or substance abuse counseling, ignition interlock devices, etc.
Second Offense
Your second DUI/DWI offense is a misdemeanor, but can be upgraded to a felony if there are aggravating factors. A second DWI within five years of the first will result in license suspension of 24 months. If it is within one year of the first, an ignition interlock device may be mandated, as well as license restrictions. Incarceration can range from 1 week to 1 year with up to 30 days of additional community service required. A fine of $400 to $3000 will also be levied, in addition to court costs of $300 and the cost of an Alcohol Education or Treatment Program.
Third Offense
If you have a third DWI within five years of the first, you will lost your license for 30 months. If you were driving with children in the car, you will spend at least 120 days in jail and it can be up to a year. If not, you will spend 90 days up to a year in jail. Community service will be required of up to 120 days, depending upon the factors and you will face a fine of anywhere from $900 to $1500. An Alcohol Education or Treatment Program, as well as Victim Impact Panel attendance, will be required as well.
Fourth Offense
A fourth drunk driving conviction will be a felony and it will come with very severe legal consequences. You will first lose your license for four years and will be put in jail for at least one year and up to six years, depending upon the factors and circumstances. The fine is up to $6000 for a fourth DWI and if it is within three years of the first, you can have your car seized by the state. Community service of 1 to 2 years will also be required after you are released.
A DWI lawyer can answer any questions you have about these consequences and give you advice in dealing with the legal system.