Sometimes I incorrectly assume everyone knows what the law is on a given issue, for example, DWI. Obviously we know you aren't supposed to drink and drive. Most people know that the limit in Arkansas is .08% blood alcohol content (BAC). But you might not know there were some subtle changes in DWI law effictive in July this year - changes that make huge differences. The differences all have to do with how long your license is suspended and whether you are entitled to a restricted permit.
In addition to the court system - the Department of Finance and Administration has the authority of drivers' licenses. They are the ones who are required to suspend your license before you even see a judge. In general - the judge doesn't decide how long your license will be suspended either - the length of time is controlled by the laws and procedure of the DFA. You are even entitled to a hearing if you want to contest your suspension - but it is not a court of law and hearsay ( meaning the police reports) are admissible.
The custom, for years, has been that you get a DWI, and they give you a "to and from work" driving permit for the period of your suspension. The new law changes this, and I'll explain.
If you are arrested for DWI and you take the breathalizer - and the result are between .08 and .15 - then you can still get a restricted license.
If you are arrested for DWI and you refuse to take the breathalizer - you can't get a restricted permit.
If you are arrested for DWI and the results indicate intoxication of .15% BAC or greater - you can't get a restricted permit.
Fortunately, this doesn't mean you can't drive. What it means is that you will be required to get an alcohol interlock device installed for a minimum of six months before you can get your license back. I think this costs around $60 a month or less. With the interlock - you have to blow into a tube everytime you drive and every 15 minutes while driving. If you blow over .02% BAC it won't start. That's about one drink.
As was the case before, you will have to see a probation officer who will decide what level of alcohol education classes you will have to take ( depends on court but usually either one or two full days of classes, whicy you have to pay for)
Another new aspect of the law is that you will have to meet with a "victim impact panel" for an hour or so to learn about how DWI hurts and even kills people. I think the fee for this is under $20.
After you do all that - you still have to pay the DMV to get your license unsuspended - which is $150 or so.
Most of the other laws are still the same. If you didn't know - the penalty for getting a 2nd DWI within 5 years of your first one is much steeper. You will have no option except to get an interlock device. There is a mandatory minimum of 7 days in jail. From what I have seen - there is no getting around this. Usually they let people do it in 4 weekends but it depends on the judge.
If you are caught driving while your license is supended for DWI - you can be sentenced to 10 days of jail and $1000 fine but the judge has discretion to lower these. If you do that - they will probably keep it suspended another year.
All I have learned from prosecuting and defending DWI cases is the best way to get out of one is to never get behind the wheel intoxicated to begin with.
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