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 .15 BAC), then you could have a “free” work permit that allows the defendant to travel to and from work without having an interlock device ignition switch (often referred to as an “interlock”) installed on your car. Under the old law, as long as there was no Refusal also charged, then the suspension period was 120 days. If you blew a .15 or were charged with Refusal, then the suspension period was 6 months and you were required to install a safety 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 less than .15 and one that was .15 or higher. All first offense DWI and/or denials 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 ray of light for accused drivers (actually, it’s more of a “golden ray” for interlock retailers). Previous law prohibited 2nd and 3rd offense DWIs from obtaining any type of relief (either a work permit or an interlock license) for the entire 1st year of each other’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 denials; they are still prohibited from any kind of relief. Unlike first offense DWIs, repeat DWIs do not appear to have a mandatory lock requirement.

It should be noted that there are many legitimate reasons why a person might not want to install an interlock, such as cost (approximately $150 per installation and $60 per month), embarrassment, the hassle of having to constantly blow on the interlock while driving , and the very real possibility that a mechanical error or false positive will lock it 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 crime of driving on a suspended license for DWI carries an automatic 10-day jail sentence. Second, as stated above, interlocking is mandatory and you will not be able to get your license back until, in addition to other requirements, you have had an interlock installed on your car for 6 months. That is, unless he wins his 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 deadlock retailer to try and recoup some of those deadlock fees. There should be no lack of business thanks to our local lobbyists and legislators.

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Author: admin

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