8Apr 2015

What is ‘legally drunk’ in Arkansas?

In Arkansas, drivers under the age of 21 years are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years, when their blood alcohol level is more than .08 they are considered to be legally drunk. On the other hand, for commercial vehicle drivers, they are legally drunk when their blood alcohol level is more than .04.

  • Non-commercial drivers over 21 are considered legally drunk when their blood alcohol level is recorded at .08 or more.
  • Drivers of commercial vehicles are legally drunk when their blood alcohol level is recorded at .04 percent or greater. Drivers of a school bus according to Arkansas Law are commercial drivers.
  • Drivers under 21 are legally drunk when their blood alcohol level is recorded at .02 or more.

Arkansas Drunk Driving Penalties

First-time offenders face imprisonment of up to 1 year. However, if there was a passenger in the vehicle who was under 16 years, he/she must serve at least 7 days. The offender must pay a fine ranging between $150 and $1,000. The suspension period for the offender’s driver license is four months.

For second time offenders within 5 years of the previous conviction, they face an imprisonment term of one month to one year or not more than one month of community service. If the vehicle had a passenger who is under 16 years, the offender’s  prison term remains the same but the community service is at least two months. The offender must also pay a fine ranging between $400 and $3,000. The suspension period for the offender’s driver’s license is at least one year.

For third time offenders, they face a prison term of 3 months to one year or at least 3 months of community service. However, if the was a passenger who is less than  16 years old at the time of the violation, the driver will face a prison term ranging from 4 months to one year. The offender must also pay a fine ranging between $900 and $5,000. The suspension period for the offender’s driver’s license is one year.

For offender who are convicted of DUI for more than four or more times, they face a prison term ranging from 2 to 10 years or at least 2 years of community service. However if there was a passenger who is under 16 years at the time of the violation, the offender will face a jail term ranging from 3 to 10 years or 3 years of community service. The offender must also pay a fine ranging between $900 and $5,000.

The Point System in Arkansas

The driver point system in Arkansas is aimed at tracking and controlling traffic violations of Arkansas drivers. When you are convicted of any violation, the Office of Driver Services’ Driver Control Section places and tracks points on your driving record. The points on your driving record can lead to your license being suspended, higher car insurance rates and mandatory completion of traffic school or defensive driving.

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