Drunk and drugged driving laws in Arkansas

By the end of this topic you can

• You can state the Arkansas alcohol limits for adults and for drivers under 21.
• You can explain implied consent and what happens if you refuse a test.
• You can describe how alcohol affects judgment and reaction time.
• You can explain why medicines and other drugs can make driving illegal.
• You can plan a safe way home that does not involve impaired driving.

What you need to know and understand

• Drivers aged 21 or older are DWI at an alcohol concentration of 0.08 or more.
• After a crash or serious traffic offense, a driver can be charged with DWI at a level between 0.04 and 0.08.
• Drivers under 21 can be charged with underage DUI at 0.02 or more.
• If an officer asks you to take a chemical test, the law requires you to do it. A first refusal brings a 180-day suspension.
• A first DWI brings a 6-month license suspension from DFA, and reinstatement requires an ignition interlock for the same length of time.
• A first underage DUI brings a 90-day suspension; a third means revocation for three years or until 21, whichever is longer.
• The body clears roughly one drink per hour. Coffee, cold showers and fresh air do not sober you up.
• DWI also covers driving impaired by drugs, and the suspension periods for drug DWI match those for alcohol.

What alcohol does to a driver

Alcohol reaches the brain within about 15 to 40 minutes of drinking. Judgment is the first skill to go, which is why people who have been drinking often believe they are fine. Next come slower reactions, poorer vision and trouble judging speed and distance. One standard drink is a 12-ounce beer, a 6-ounce glass of wine or a 1.5-ounce shot of 80-proof liquor. Food slows absorption but does not stop you becoming impaired. Only time sobers you up.

Suspensions DFA applies

Getting your license back can also require an alcohol education or treatment program, a Victim Impact Panel and a reinstatement fee. A first DWI conviction can also bring a court fine of $150 to $1,000 and up to a year in jail, according to the study guide.

• Adult DWI, alcohol or drugs: 6 months for a first offense, 24 months for a second within five years, 30 months for a third, and a 4-year revocation for a fourth.
• Test refusal: 180 days for a first refusal, 24 months for a second within five years, 3-year revocation for a third.
• Underage DUI: 90 days, then 1 year, then 3 years or until 21, whichever is longer.
• Minor in possession of alcohol: 60 days, 120 days, then 1 year. For drivers under 18 the court orders this suspension.

Drugs, medicines and cannabis

Many prescription and over-the-counter medicines, including some for colds, allergies and anxiety, cause drowsiness. Read the label and ask a pharmacist before driving. Never mix medicine with alcohol, as each can strengthen the other. Being allowed to use a substance, including medical marijuana, does not make it legal to drive while impaired by it. Studies cited in the study guide link marijuana use to more driving mistakes and trouble with glare.

Common mistakes

• Thinking one or two drinks is fine for a teen driver. Under 21, a reading of 0.02 is enough for a DUI charge.
• Believing coffee or a nap of a few minutes makes you safe to drive.
• Refusing the breath test to avoid a DWI. Refusal brings its own suspension.
• Driving after taking a new medicine without checking the label.

Test yourself: Drunk and drugged driving laws in Arkansas

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Arkansas Teen Phone Law
• Arkansas Driver’s License Age Waiver Explained
• Arkansas Driving Test