Arkansas DUI and DWI arrests trigger two separate cases. First, there is the criminal court case, where the DUI arrestee faces jail, fines, mandatory educational courses, suspension of their driving privileges, and possibly a mandatory ignition interlock device installed in their car.

Next, there is the Arkansas DUI driver’s license case. The Arkansas Department of Finance & Administration Office of Motor Vehicle will also promptly suspend the driving privileges of anyone who is arrested for Arkansas DUI and does not request a hearing within 7 days of the DUI arrest.

Arkansas DWI charges can be brought using one (or both) of two theories. First, there is what is known as the “common-law” DWI charge, where the prosecution must show that the driver is impaired by alcohol (or drugs, or a combination of alcohol and drugs). Usually the government will attempt to prove impairment by way of driving patterns, physical appearance of the defendant, field sobriety test performance, and chemical test results. However, keep in mind that it is not necessary to show any particular Blood Alcohol Content to prove common.

Arkansas DUI prosecutions may also be grounded in the Arkansas DUI per se charge. This type of Arkansas DUI is not concerned with impairment at all. Instead, to be guilty of the Arkansas DWI per se charge, the government need only show that the driver was driving at a time his or her Blood Alcohol Level was .08% or higher. It does not matter if the driver is actually impaired or not. This theory of Arkansas drunk driving liability is based only on body chemistry.

Arkansas DUI arrests require the subject to provide a sample of their blood, breath or urine for testing to determine alcohol content in order to support the per se charge. Refusal to provide the sample can be introduced at trial as consciousness of guilt, and may also result in additional administrative penalties in the Arkansas DUI driver’s license case. It is up to the police department to decide which type of chemical test is to be given following an Arkansas DUI arrest. However, you may decline a blood test if you are willing to take a breath or urine test when arrested for DUI. It is always a good idea to do so if you’ve been stopped for DUI in Arkansas.

You should never drink and drive, but if you have and have been arrest for driving under the influence in Arkansas visit the Arkansas DUI Law Directory.

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