If David Whitaker (D) wins the election for the Arkansas House of Representatives District 85, he would like to enact a DWI Battery statute. Under Arkansas DWI law, penalties increase based on the number of DWIs on your record in the past five years, but do not have specific statutes for DWI with injury.
A DWI Negligent Homicide can be charged if the accident resulted in the death of another. DWI Negligent Homicide in Arkansas is a Class B felony with a jail sentence of not less than 5 years and no more than 20 years, with a fine no more than $15,000.
Arkansas’s Act 262, which passed in March 2011, will allow for misdemeanor DUI and DWI convictions to be expunged after five years since the completion of the DWI sentence.
Since Arkansas has a five year rule when considering a DWI record, one woman has 10 DWI convictions on her record, but since her last conviction was in 2007, her 11th DWI would be treated as her first.
Arkansas DWI Penalties Overview
- 1st Offense: 1 day to 1 year in jail. $150-$1,000 in fines.
- 2nd Offense: 7 days to 1 year in jail. $400 to $3,000 in fines. Minimum 30 days community service possible in lieu of jail.
- 3rd Offense: 90 days to 1 year in jail. $900 to $5,000 in fines. Minimum of 90 days community service possible in lieu of jail.
- 4th Offense (felony): 1 year to 6 years in prison. $900 to $5,000 in fines. 1 year minimum community service possible in lieu of jail.
- 5th Offense or more (felony): 2 years to 10 years in prison. $900 to $5,000 in fines. 2 years minimum community service possible in lieu of jail.
Boating While Intoxicated (BWI) charges have a 3 year look back period, meaning offenses in the last three years are considered as part of your record. A 1st BWI can be punishable by 1 year in jail and a fine between $250-$1,000. A 2nd BWI in 3 years is punishable by 2 days to 1 year in jail, a fine between $500-$1,000, and a mandatory 30 days minimum of community service. A 3rd BWI or more is punishable by 60 days to 1 year in jail and a fine between $1,000 and $5,000.