Driving after an Arkansas DWI Arrest
After an arrest for DWI in Arkansas, you will have many decisions to make. One of the things many people do not think about is how they will continue to drive after a DWI arrest. Your driver’s license is taken from you, and you must now figure out how you are going to continue to drive so your day-to-day life can continue as normally as possible between your arrest and your trial.
After a DWIarrest , your driver’s license will be taken by the arresting officer. You will be issued a 30-day temporary driver’s license and will also be given a slip of paper telling you that you may contest the suspension by requesting an administrative hearing within 7 days of the actual arrest.
If you contest the suspension, a hearing will be held either in person or by phone with a hearings officer from the Arkansas Office of Driver’s Control. Depending on the facts of your case, hiring an Arkansas DWI Attorney may keep you from even having to attend the administrative hearing. The standard for the hearing is preponderance of the evidence, which is a lower standard than that required at trial, which is beyond a reasonable doubt. For this reason, a person rarely wins if he or she contests the suspension.
Contesting the suspension is not your only option if you wish to keep driving after an DWI arrest. You may also ask to be considered for a restricted driving permit. A restricted driving permit is possible if you meet all of the following qualifications:
1.) Your intoxication was due to the ingestion or use of controlled substance and you have not had a prior drug or alcohol related offense within the last 5 years
2.) You are charged with underage DUI, BAC .02-.07, and you have not had a prior drug or alcohol related offense within the last 5 years
3.) You did not refuse to submit to the test(s)
4.) You are not a multiple traffic law offender
5.) You do not present a threat to the general public.
If you meet all the above conditions, the Arkansas Office of Driver Control may issue you a restricted driving permit. However, restricted permits to drive commercial vehicles are not issued in Arkansas. If, at your hearing, you are found to have been driving while intoxicated, or you refused to submit to the BAC test, or you registered a BAC of .08 or higher, you will receive a license suspension and a permit or restricted license is now your option to drive. If you do not qualify, or are not issued a restricted driving permit, you may request an Interlock-restricted Arkansas Drivers License.
If you are granted an Interlock-Restricted Arkansas Driver’s License, you will be given an Interlock Order by the Office of Driver Control. The Interlock Order will state the length of time which you must keep the Interlock device installed in your vehicle. For a first offense it is a 6-month time period, a second offense is a 24-month time period, a third offense is a 30-month time period and a fourth offence carries a 4-year suspension.
With your Interlock order, you will be given a list of service providers who will install and service your Interlock device. You may choose any of the provider you wish. Different providers use different Interlock manufacturers and different Interlock devices. You must take your Interlock order to the installer of your choice and then provide proof of instillation to the Arkansas Drivers Control office.
The Interlock order will also tell you if you are required to attend a victim impact panel and provide proof of attendance as well as any other qualifications which must be fulfilled before a non-restricted license is again granted to you.
Your Interlock order will also inform you of where any drug or alcohol education or treatment programs are located and how to contact those services if you are required to participate in any treatment.
The Interlock order will also give you all the necessary information of the MADD victim impact panel, such as how to set up attendance, what to bring, and how the program will run.
As if that was not already enough information, you may even fit into yet another scenario. If you happen to work for a company that you do not own, and you happen to drive a company car for that company, you may be eligible for a non-interlock waiver to allow you to drive a company vehicle that does not have an interlock installed.
When navigating through all the issues that arise after an Arkansas DWI arrest, you will need an experienced attorney who is willing to fight for you and your rights. At Wilson & Haubert, we provide experienced and aggressive DWI representation through all stages of DWI arrests.