Drunken driving in Arkansas is a crime bigger than you may realize. A single offense carries long-term consequences you might not have known about. First-time offenders may face mandatory legal penalties for drunken driving offenses.
Are you aware of the legal details behind driving while intoxicated (DWI) and driving under the influence (DUI) charges? Arkansas maintains that both types are two separate and distinct legal charges.
The difference between a DUI and a DWI
The state determines whether a drunk driving offense is a DWI or a DUI based on driver age and blood alcohol content (BAC) levels. In short, a DWI is the standard charge for alcohol impairment of adults, while the DUI is exclusive to underage drivers. Arkansas’s zero-tolerance approach to driving under the influence means stricter guidelines for minors.
A DWI applies to drivers of any age whose BAC is at or over 0.08%, or where there is clear evidence of substantial mental or physical impairment from alcohol. A first-time DWI is a standard misdemeanor.
A DUI is a charge that applies strictly to drivers under the age of 21 with a lower BAC. Minors are subject to tighter rules: a BAC between 0.02% and 0.079% nets them this charge. However, if a minor is found to have a BAC of 0.08% or higher, they will face a standard DWI instead.
How do DUI and DWI differ in consequences?
Both charges result in severe penalties, but adult drinking while driving convictions come with higher costs and longer suspensions. Here are differences between penalties for a standard first-time DWI to a first-time DUI for underage drivers.
Driving while intoxicated
- Jail time: At least 24 hours mandatory jail time (or public service)
- License suspension: 6 months license suspension
- Fine: $150-1000 fine
Driving under the Influence
- Jail time: Generally no for first-time offenders
- License suspension: 90 days license suspension
- Fine: $100-500 fine
Driving a car while intoxicated impacts both underage and adult drivers over the long term. For young individuals, higher insurance premiums, disqualifications from professional licenses and more are consequences they face. And just like an adult charge, a DUI may stay on a criminal record permanently.
Legal options
Whether you are facing adult or underage drunken driving charges, you must address them carefully. Arkansas law strictly limits “pleading down” to a lower offense such as reckless driving unless the defense can successfully challenge the prosecution’s evidence. You must defend cases through hard evidence and legal challenges instead of standard plea negotiations. Should you face the possibility of drunken driving convictions, it is advisable to seek legal counsel to help you build your defense.