Implied Consent Laws
Laws call for drivers alleged of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Arkansas, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Arkansas, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more rigorous punishment for those convicted of DUI with a principally high blood-alcohol content at the point in time of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Arkansas.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Arkansas’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Arkansas, for the first DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The punishment of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a prospect in some states, commonly for repeat offenders. This is not a penalty option in Arkansas.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an option in Arkansas.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol tutoring and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug craving can be required for DUI offenders in Arkansas. These steps are often optional instead of serving a sentence of incarceration or paying fines.
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