Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Arkansas DUI Penalties »
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- Laws call for drivers suspected for driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as implied consent laws. Refusing for those tests carries penalties that can include compulsory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
In Arkansas if any driver is having blood alcohol concentration or BAC above 0.08% will be charged for DUI under the law. Under this condition, this evidence is all that is needed for a driver to be convicted for DUI or DWI.
Zero Tolerance Blood Alcohol Concentration
Almost in all states zero tolerance laws mainly focus on drivers not of legal drinking age. In Arkansas drivers or person under 21 years of age operating motor vehicle with a .02% blood alcohol level or above than that will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having more strict punishment for that who convicted of DUI with a high blood alcohol content at the point in time of arrest; that’s usually 0.15% or .20% above the legal limit. Enhanced penalty laws are not utilized in Arkansas.
Administrative License Suspension/Revocation Penalties
There are minimum mandatory penalties essential for drivers who have the blood alcohol concentration above Arkansas’s maximum acceptable level of 0.08% or drivers decline to submit to breath, blood, or urine testing for blood alcohol content then they will be subject to the “implied consent laws”.
In those penalties suspension or revocation of the driver’s license by the DMV are included. For fist DUI offense in Arkansas the mandatory punishment is 90 days; for the second offense, one year; for the third offense, three years.
Vehicle Confiscation
In some states punishment for vehicle confiscation for DUI conviction is a prospect usually for repeat offenders. This is not a penalty option in Arkansas.
Ignition Interlock
Ignition interlock is a device, which is attached with the condemned DUI offender’s motor vehicle so that the driver will perform a breath test before starting the vehicle. This penalty is not an option in Arkansas while in some states this penalty for DUI conviction can be possible.
Mandatory Alcohol Education and Assessment/Treatment
In Arkansas for DUI offenders alcohol tutoring and prevention program, treatment for alcohol abuse can be required also. These steps are optional steps, which are taken instead of serving a sentence of imprisonment or paying fines.
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DWI Suspects’ Names On Twitter »
The social networking site Twitter will now be used to stop dui, as a Montgomery County law enforcement agency plans to post the names of those arrested for DWI on the site.
According to the Chief prosecutor Warren Diepraam, by tweeting the names of DWI suspects, who have been charged in cases considered strong enough to prosecute, the threat of humiliation would lead less people to drink and drive.
Diepraam said "We’ve kind of simplified it by using Twitter, putting that information that’s already out there as a public record, putting it on Twitter so that people could follow who’s been arrested" .
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Doctor Arrested Under The New Strict Law »
The first person in the Capital Region to be arrested under the new "Leandra’s Law" , is a Voorheesville woman, who is a doctor by profession.
Dr. Eileen E. Joyce, 52, was asked to pull over by the police at 11:45 p.m. Saturday on Rt. 155 in Guilderland near Farnsworth Middle School, when she was coming back from Proctor’s Theatre. She was driving with a 7-year-old and two other passengers in the car, including the child’s parent.
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Penalties for Driving Drunk »
Since 1980, several new DUI laws have been formulated to deal with drunk driving. Many NGOs and special organizations like MADD (Mothers Against Drunk Driving) have done a lot in this regard.
Some of these laws include ALR (Administrative License Revocation) and Zero tolerance laws which have been passed by the majority of states. ALR laws permits arresting officer to keep a driver’s license until he passes a breath test.
As the legal drinking age is 21 and legal blood alcohol concentration (BAC) limit is 0.08 % in almost all states, therefore Zero tolerance laws have been passed to restrict the adult drivers from having a considerable alcohol concentration in their blood. Other penalties like fine money, license suspension period and number of days behind the bars have also been increased to deal the menace.
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Sleeping In The Car: DUI? »
Many times, DUI offenders are arrested after they have been reported to be asleep behind the wheel of a car, even when the car has been parked somewhere and are far away from a public roadway.
Recently, a DUI arrest had a public figure involved who argued that he was simply too tired to drive and was catching some sleep at a gas station parking lot, in his car. An officer arrested the man for DUI, even though the car was parked. Although the man refused to give a breath test, he failed sobriety tests according to the officer.
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NJ Drivers Face Stiff Penalties for DWI; Are Machines Telling The Truth? »
According to the New Jersey law, first-time DWI offenders can face up to seven month license suspension and a fine and fee of over $1,000. And in case it’s your second conviction, you will be deprived of your driving privileges for 2 years and owe thousands of dollars. Moreover, in case of a third offense, you could be imprisoned for six months and lose your license for 10 years.
Another penalty also awaits those who are convicted of driving under the influence in New Jersey for subsequent offenses, which is the ignition-interlocking device.
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The Difference Between DUI and DWI? »
Ever wondered that what is the difference between DUI and DWI? Basically, they both are the same. DUI stands for driving under the influence, whereas DWI means driving while intoxicated.
Depending upon the state law, the two terms are used interchangeably in order to describe impaired or drunken driving. Some state laws may refer to it as DUI while others call it DWI.
Nevertheless, some states where both terms are used, DWI is usually referred to driving while intoxicated of alcohol, whereas DUI is used in cases when the driver is charged with being under the influence of alcohol or drugs.
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Labor Day DWI Arrests Total 191 »
According to the district attorney’s office, the Harris County’s “no refusal” drunk driving program show nearly 200 arrests made over the weekend.
On Wednesday, the District Attorney Patricia Lykos made the announcement that nearly 20 percent of those facing charges also have previous DWI convictions.
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Understanding Search and Seizure Law: What if a Search Violates the Fourth Amendment? »
Here I am explaining you that in case if the search violates the fourth amendment than what could happen.
The Exclusionary Rule.
If, upon review, it has been found by the court that an unreasonable search has been occurred, then any evidence seized as a result of that search could not be allowed by the court to use as direct evidence against the defendant in a criminal prosecution, state or federal. This rule has been established by the U.S. Supreme Court in 1961and it has come to be known as the “exclusionary rule.”
After this day, the exclusionary rule has been criticized by many commentators on the basis that it unfairly lets the criminal go free just because the constable has erred. But the supporter of the rule argued that excluding illegally seized evidence is necessary to restrict police from conducting illegal searches. According to this deterrence argument, if the resulting evidence can’t be used to convict the defendant then the improper searches won’t be conducted by police.
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DUI Defense Strategies: Errors of DUI Investigation »
In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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