Second Offense DWI in Arkansas

Generally a first offense DWI is a misdemeanor offense in all states including Arkansas. In Arkansas, a second DWI offense is also a misdemeanor offense. Person charged with a second DWI in Arkansas will face severe administrative and criminal penalties. However if the second offense is accompanied by aggravating factors, then the person can be charged with a felony offense.

Administrative Penalties

In Arkansas the administrative penalties for a DWI offence is independent of the court procedures. The courts cannot interfere with the administrative penalties. The administrative penalties for a DWI are imposed by the Arkansas Department of Finance & Administration Office of Motor Vehicle.

Look Back Period

The look back period in Arkansas for a second DWI is 5 years. A second DWI offense will result in the suspension of driver’s license for 24 months if the second offense occurs within 5 years of the first offense. If the second offence occurs within 1 year of the first offense, it can result in ignition interlock and restricted license. However if the driver refuses a chemical test, a second DWI offence will result in a two year driver’s license suspension with no restricted license. The driver has 7 days to request an administrative hearing.

Criminal Penalties

A driver convicted of a second offense DWI in Arkansas will face severe criminal penalties including jail term. Generally the criminal penalties for a second DWI offense in Arkansas can be sentenced to serve a jail term that can extend from 7 days to one year or made to do 30 days of community service and made to pay a fine ranging between $400 and $3000. The person can also be ordered to pay court costs of $300.

Pleas options

Generally a person charged with a second offense DWI in Arkansas can plead guilty or not guilty. Pleading guilty will result in conviction. A not guilty plea will result in the case going to trial. During trial the person charged can challenge the evidence against him or her. If he or she succeeds, the charges will be dropped. In a plea bargain, the person can generally plead guilty for a lesser offense and the prosecution will not press for conviction for the higher offense. However under Arkansas law, a person charged with DWI cannot bargain for conviction for wet reckless – reckless driving involving alcohol.

Get legal advice

Persons charged with a second offense DWI should consult with an experienced Arkansas DWI attorney.