You got behind the wheel feeling perfectly fine, but when you were pulled over moments later, the officer claimed you were swerving in your lane. Now, you have to decide if you’ll take a Breathalyzer test to prove that you’re not driving drunk.
Arkansas has an implied consent law, which means that you agreed to the analysis of your blood, urine or breath to determine your blood alcohol concentration (BAC) as of the moment you got behind the wheel. If you refuse, you could lose your license and the right to drive.
If you do give a sample as requested and it’s discovered that you’re over the legal limit of .08 percent, you can face up to a year in prison and up to $1,000 in fines. With a strong defense, you can have the prison sentence reduced to as little as 30 days of community service.
If this is not your first offense, you’ll face heavier penalties. On a second offense within five years of your last offense, you face a year in prison and up to $3,000 in fines. You can also be ordered to participate in 60 days of community service instead of going to prison.
If this is your third offense, you face fines of up to $5,000 and could go to prison for up to a year. It’s still possible to trade a prison sentence for 90 days of community service in some cases.
Your attorney can help you fight to protect your reputation and have the charges dropped or reduced. Your right to drive and live your life is at risk, so good representation is necessary.
Source: FindLaw, “What Are the Arkansas DWI Laws?,” accessed June 28, 2017