Arkansas DWI Laws Have Changed!

[Note: An interlock is a breathalyzer installed on your car that you blow into before starting your car and periodically thereafter. It is supposed to ensure that your BAC is under .02 before allowing your car to start or continue to run.]

Getting a DWI in Arkansas is now a bit more expensive. Before July 31, if you were charged with a DWI for the first time (with a BAC of .15), then you could have a “free” work permit that would allow the defendant to travel to and from work without having an interlock device ignition switch (often referred to as an “interlock”) installed in your car. Under the old law, as long as there was no Refusal also collected, then the suspension period was 120 days. If you blew a .15 or were charged with Refusing, then the suspension period was 6 months and you were required to install a restraint device in order to drive.

As of July 31, the work permit no longer exists (except for a first offense DUI). Also, there is no longer any legal distinction between a BAC below .15 and one that was .15 or higher. All refusals and/or first offense DWI include a 6 month suspension, and you must have an interlock installed in order to drive during your 6 month suspension period (having a 6 month interlock license is actually a MANDATORY requirement for that you may be able to get your license back).

THERE IS a silver lining for charged drivers (actually, it’s more of a “golden silver lining” for interlock retailers). Previous law prohibited 2nd and 3rd offense DWIs from obtaining any type of relief (either a work permit or interlock license) for the entire 1st year of each’s suspension period. The new law allows second and third offense DWIs to obtain an interlock license after just 45 days, instead of 1 year. No change for 2nd and 3rd offense rejections; they are still barred from any kind of relief. Unlike first offense DWIs, repeat DWIs do not appear to have a mandatory block requirement.

It should be noted that there are many legitimate reasons why a person may not want to install an interlock, such as cost (about $150 for installation and $60 per month), embarrassment, the hassle of constantly having to blow into the interlock while driving , and the very real possibility that a mechanical error or false positive will lock you up and leave you or the driver stranded.

So are you considering driving during your suspension period without having an interlock license? bad idea. First, if you are caught driving, the offense of driving with a suspended license for DWI includes an automatic 10-day jail sentence. Second, as stated above, the interlock is required and you will not be able to get your license back until, in addition to other requirements, you have had an interlock installed in your car for 6 months. That is, unless you win your case in the meantime. In short, unless you win, there is no way to avoid having an interlock on your car for 6 months if you ever plan to drive legally again.

Fortunately, it’s not too late if you want to start your own interlock retailer to try to recoup some of those interlock fees. There should be no lack of business thanks to our local lobbyists and legislators.

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