Riffel &
  Bowlin, P.A.

   Attorneys At Law
DWI DEFENSE 

IN ADDITION TO ADMINISTRATIVE DRIVER LICENSE AND POSSIBLE LICENSE PLATE SUSPENSION OR REVOCATION, THE COURT, IF IT FINDS YOU GUILTY WILL IMPOSE PENALTIES :

FIRST OFFENSE DWI

One day to one year in jail and a fine of $150 up to $1000 fine plus court costs of $300.00. The court may order public service in lieu of jail, but the court shall include the reasons therefore in its written order or judgment.

SECOND OFFENSE DWI

Seven days to one year in jail OR no less than 30 days community service and a fine of no less than $400 nor more than $3000.00 and court costs of $300.00.

THIRD OFFENSE DWI

90 days to one year in jail OR no fewer than 90 days of community service and a fine of not less than $900.00 and no more than five thousand dollars..

FOURTH OFFENSE:

This is a felony. One year to 6 years in the state penitentiary OR not less than one year of community service. $900 to $5000.00 fine.

FIFTH OFFENSE:

Two years to ten years for the fifth or subsequent offense in the state penitentiary OR not less than two years of community service. $900 to $5000.00 fine. This is also a felony.

Can the court impose an ignition interlock device? §5-65-118 and Act 1206

Only if you can afford it (Surely this is unique to American law and facially unconstitutional). Then you can drive only cars with interlock devices for up to one year after the person’s license is no longer suspended or restricted.

DRIVING ON SUSPENDED LICENSE: Penalty: Shall be imprisoned for ten days and may be assessed a fine of not more than one thousand dollars. ($1000.00). Also license plate SHALL be impounded if the suspension was caused by a DWI (§5-65-106) and owned in whole or part by the offender. If it is in the best interest of dependents, a temporary substitute license plate can be issued.

 

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/DUI (Alcohol) 120 days suspension if breath test under .18. Under some circumstances, you can get a restricted license for work or school purposes

DWI\DUI (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/DUI 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\DUI 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\DUI Revocation for four years. Even if it is the tenth DWI, it is only 4 years.

REFUSAL: Lifetime Revocation.