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Look back periods and DUI Law

A look-back, in legal terms, is the period of time a prior offense can be applied to and enhance the penalties of a new offense.

Arkansas DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Arkansas may be charged with DUI and face jail time, fines, community service, mandatory installation of an ignition interlock device, and a driver’s license suspension.

Arkansas DUI defined

Under Arkansas DUI laws it is illegal for any person who is intoxicated to operate or be in actual physical control of a motorized vehicle. It is also illegal for a driver to operate a motorized vehicle if their blood or breath concentration is 0.08% or higher.

Commercial drivers are legally drunk if their blood alcohol concentration is 0.04% or higher, and drivers under the age of 21 are legally intoxicated if their BAC is 0.02% or higher.

Arkansas Look Back period: 5 years

If a driver’s second or third driving infraction occurs during the look back period the DUI penalties can be substantially increased. The date begins on the date of the first DUI arrest.

Criminal DUI Penalties in Arkansas

First DUI offense:
(Misdemeanor)

  • Up to one year in jail
  • Fines of $150 to $1,000
  • Drivers license suspension for 120 days for drivers with BAC of less than 0.15%
    (although it may be reduced if a driver elects to have an ignition interlock device installed)
  • Mandatory alcohol education and treatment program

Second DUI offense:
(Misdemeanor)

  • Jail time of 30 days to one year with mandatory 30 days of community service
  • Fines of $400 to $3,000
  • Drivers license revocation for up to 2 years if the driver’s BAC was 0.08% or higher
    (although ignition interlock installation may be available and can reduce the suspension period to a minimum of one year)
    Mandatory alcohol education and treatment program

Third DUI offense:
(Misdemeanor)

  • Jail term of 90 days to one year with no less than 90 days of community service
  • Fines of $900 to $5,000
  • Drivers license revocation for 30 months for drivers with a BAC of 0.08% or higher
    (although drivers may be allowed to request an installation of an ignition interlock device after a minimum one year license suspension)\
  • Mandatory alcohol education program

Fourth DUI offense:
(Felony)

  • Prison term from 1 to 6 years in prison (mandatory one year of community service)
  • Fines of $900 to $5,000
  • Drivers license revocation for 4 years to life
  • Mandatory alcohol education program

Fifth DUI offense:
(Felony)

  • Prison term of 2 to 10 years (mandatory two years of community service)
  • Fines of $900 to $5,000
  • Drivers license revocation for 4 years to life
  • Mandatory alcohol education program

Administrative Penalties in Arkansas

Drivers in Arkansas have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse to submit to the chemical test will face the following administrative penalties:

  • First refusal- 180 day license suspension (possible ignition interlock device allowed)
  • Second refusal- 2 years license suspension (no restricted permit allowed)
  • Third refusal- 3 year license suspension (no restricted permit allowed) 

To challenge an administrative suspension, drivers must request an administrative hearing within 7 days from the date of their DUI arrest.



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