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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 just got a little more expensive. If you were charged with a first offense DWI (under 0.15 BAC) before July 31st, you may have a “free” work permit that allowed the accused to travel to and from work without an ignition interlock device (often called an “immobilizer”) installed in their car. According to the old law, as long as the Refusal is also not charged, the suspension period was 120 days. If you blew over a .15 or were charged with refusal, the suspension was 6 months and you had to install an interlock to drive.

As of July 31st, there will no longer be a work permit (except for first offense DUI). Also, there is no longer a legal distinction between a BAC under 0.15 and a BAC of 0.15 or higher. All first offense DWIs and/or refusals carry a 6 month suspension and you must have an interlock installed in order to drive during the 6 month suspension period (the 6 month interlock is actually a MANDATORY requirement to get your license back).

There IS one silver lining for accused drivers (actually it’s more of a “gold lining” for lock shop dealers). The old law prohibited 2nd and 3rd offense DWIs from receiving any form of relief (even a work permit or interlock permit) for the entire 1st year detention period. The new law allows 2nd and 3rd offense DWIs to obtain an interlock permit after only 45 days instead of one year. No changes to 2nd and 3rd offense denials; they are still denied any relief. Unlike first-offense DWIs, repeat DWIs do not appear to have a mandatory lockout requirement.

It should be noted that there are many legitimate reasons why a person might not want to install a lock, such as cost (about $150 for installation and $60 per month), confusion, and the hassle of constantly blowing the security lock. while driving, and the real possibility that a mechanical error or false positive could lock you out of your car and leave you or the driver stranded.

So are you considering driving during the ban without a locking card? Bad idea. First, if you are caught driving, the offense of driving on a DWI license carries an automatic 10-day jail sentence. Second, as stated above, the safety lock is mandatory, and you cannot get your license back until you have installed a lock on your car for 6 months, in addition to other requirements. That is, unless you win your case in the meantime. In short, unless you win, there is no way to keep your car locked for six months if you intend to drive legally again.

Fortunately, it’s not too late if you want to start your own lockout dealership to try and recoup some of the lockout fees. Business should not be out of business thanks to local lobbyists and legislators.

BJW

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