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10 Facts Every Arkansas Driver Should Know About DWI

Most people never expect to be arrested for DWI. You might think you're okay to drive after dinner and a couple of drinks. Maybe you took a prescription medication without realizing how much it would affect you. Or, maybe you were stopped for a traffic violation that quickly turned into something much more serious.


Whatever the circumstances, a DWI arrest can happen faster than many people realize. Once it does, the consequences can follow you long after your case is over. Whether you're trying to avoid a DWI or you've recently been arrested for one, here are ten facts every Arkansas driver should know.


#1. You don't have to feel drunk to be charged with DWI.

One of the biggest misconceptions about DWI is that you have to be obviously intoxicated before you can be arrested. That's simply not true.


In Arkansas, drivers who are 21 or older are considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers have a lower legal limit of 0.04%.


Here's what surprises many people: you can still be charged with DWI even if your BAC is below the legal limit. If an officer believes alcohol, prescription medication, illegal drugs, or another substance has impaired your ability to drive safely, an arrest is still possible.


#2. Alcohol isn't the only thing that can lead to a DWI.

Many people associate DWI with drinking, but alcohol isn't the only reason someone can be arrested.


Prescription medications, over-the-counter medications, marijuana, and other drugs can all affect your ability to drive. Even medications that are legally prescribed can lead to a DWI charge if they impair your judgment, coordination, or reaction time. If the label says not to drive or operate heavy machinery, it's worth taking that warning seriously.


#3. Refusing a breath or blood test has consequences.

A lot of drivers believe refusing a chemical test means the State won't have enough evidence to prove a DWI case, but it isn't that simple.


Arkansas has what's known as an implied consent law. By driving on Arkansas roads, drivers agree to submit to chemical testing when an officer has legal grounds to request it.

Refusing a test can lead to a driver's license suspension and other penalties, even if you're never convicted of DWI.


#4. A DWI arrest can happen after a routine traffic stop.

Many people think a DWI arrest only happens after obvious reckless driving or a serious accident.


In reality, many DWI investigations begin with a simple traffic violation, such as speeding, a broken taillight, or failing to signal. During the stop, an officer may look for signs of impairment and conduct further investigation if they believe a driver may be under the influence.


#5 An open container can make a traffic stop more complicated.

An open container of alcohol in your vehicle doesn't automatically mean you'll be charged with DWI.


However, it can raise additional questions during a traffic stop and may become part of the evidence an officer considers when determining whether a driver is impaired. If you've been drinking, the safest option is to avoid transporting open alcoholic beverages in your vehicle. Keeping alcohol sealed and stored properly can help prevent unnecessary complications during a traffic stop.


#6. A first-offense DWI is still a criminal charge.

People often assume a first DWI is treated like a speeding ticket. It isn't.


A first-offense DWI can result in fines, possible jail time, driver's license suspension, alcohol education or treatment requirements, and increased insurance rates. Depending on the circumstances, an ignition interlock device may also be required before driving privileges are restored.


 #7. Penalties get more serious with each conviction.

Arkansas law imposes increasingly severe penalties for repeat DWI offenses.


Additional convictions can lead to longer license suspensions, higher fines, longer jail sentences, and, in some situations, felony charges. If you've been convicted of DWI before, it's important to understand that another arrest can carry much greater consequences.


 #8. A DWI can affect more than your driver's license.

The consequences of a DWI don't always end when you leave the courtroom.


Depending on your career and personal circumstances, a conviction may affect employment opportunities, professional licenses, commercial driving privileges, and background checks. For many people, those long-term effects are more significant than the criminal penalties themselves.


#9. You still have legal rights after a DWI arrest.

Being arrested does not automatically mean you'll be convicted.


Every case is different. An attorney may examine whether the traffic stop was lawful, whether field sobriety tests were administered properly, whether chemical testing procedures were followed correctly, and whether the evidence supports the charge.


#10. The best way to avoid a DWI is to plan ahead.

A little preparation can help you avoid a situation that could have serious legal and personal consequences.


If you're planning to drink or take medication that may affect your ability to drive, make arrangements before you get behind the wheel. Use a rideshare service, ask a sober friend for a ride, call a family member, or stay where you are until it's safe to drive. Taking a few extra minutes to plan ahead is far easier than dealing with the consequences of a DWI arrest.


Need help with a DWI case?

A DWI charge can have lasting consequences, but it doesn't automatically determine your future. At ARlaw Partners, we help clients throughout Arkansas understand their rights, navigate the legal process, and work toward the best possible outcome in their cases. If you or a loved one has been arrested for DWI, contact ARlaw Partners to schedule a consultation.

 
 
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