Third Offense DWI in Arkansas

Under Arkansas law, a driver is guilty of driving while intoxicated (DWI) if his blood alcohol level is .08 or higher. If a minor’s blood alcohol level is .02 or higher, he is guilty of DWI. This article will focus on the penalties for third DUI offenses in Arkansas. If a person is arrested for DWI in Arkansas, the police officer is required by law to confiscate the driver’s license and to issue an official driver’s license receipt. The driver will also receive a notice of license suspension or revocation from the arresting officer.

Administrative Penalties

The notice of license suspension or revocation issued at the time of arrest for DWI , advises the driver that he has seven days to request an administrative hearing with the Arkansas Department of Motor Vehicles. If the driver fails to request an administrative hearing within the mandated seven day period, his license will be suspended for 120 days.

Criminal Penalties

In addition to administrative penalties, a conviction for DWI in Arkansas carries criminal penalties. The criminal penalties for a first DWI are harsh and the penalties for each subsequent DWI are even harsher. 

Under Arkansas law, a driver will be charged with a third DWI offense if he has had two previous DWI convictions in the preceding five year period. A third DWI offense is a misdemeanor pursuant to Arkansas law; a fourth DWI offense within five years of the first offense is a felony.

A driver who is convicted of a third DUI in Arkansas faces a variety of penalties.  Possible penalties include:

• Jail time of 90 days to one year
• Community service of at least 90 days
• Fines of $900 to $5000
• Suspension of driver’s license for 30 months

If the driver’s blood alcohol level was less than .15, he may request a restricted driver’s license after one year of suspension. If a restricted driver’s license is issued, the driver will be required to have an ignition interlock device installed on his vehicle.

In addition to the above penalties, a driver who is convicted of a third DWI must also complete an alcohol education and treatment program. Upon successful completion of the program and payment of a $150 reinstatement fee, the driver’s license will be reinstated.

Plea Options

Anyone charged with DWI has three plea options:

• Guilty
• No Guilty
• No Contest (Nolo Contendere).

If a driver pleads guilty, the judge will immediately impose the sentence. If the driver pleads not guilty, there will be a trial before either the judge or a jury. At the conclusion of the trial, if the driver is found guilty, he will be sentenced.

Generally, a DWI attorney will advise a client to plead no contest to a lesser charge if the evidence tends to show that the client is guilty and a conviction on the original charge would carry a harsher penalty than a no contest plea on the lesser charge. Pleading no contest on a lesser charge requires the consent of the prosecutor.

Getting Legal Help

If you have been charged with DWI in Arkansas, you should hire a qualified DWI attorney to represent you. A DWI attorney will investigate the case, advise you of your legal rights, attempt to negotiate a plea, and if necessary, represent you at trial.