After getting arrested for a DWI in Arkansas, there are several decisions you need to make. One of those decisions is whether to keep your driving privileges.
As soon as a police officer makes an arrest, he/she will confiscate your driver’s license, issue you a 30-day temporary driver’s license, and a notice that states you can contest the suspension by requesting a DMV or Driver Control administrative hearing within seven days (from the date of arrest). Failure to request a hearing will lead to driver’s license suspension for up to 120 days.
If you contest the suspension, you will either appear at your local Revenue office for a hearing with a “hearing officer”—not a judge, a prosecutor, or a police officer. Since such hearings are based on the preponderance of evidence, which is a lower standard compared to beyond a reasonable doubt (in criminal court), it can be difficult to succeed—especially without a skilled DWI attorney on your side.
However, not only are administrative hearings held to contest a driver’s license suspension, but they are also where defendants can obtain a restricted driver’s license. This type of license gives them the ability to drive on a limited basis, such as commuting to work and/or alcohol education courses.
To qualify for a restricted driver’s license, you must meet all the following conditions:
- This is your first offense within the last five years
- Your blood alcohol content (BAC) is below 0.15 at the time of the arrest
- You didn’t refuse a post-arrest chemical test (breath, blood, or urine test)
- You are not a threat to the general public
If you fail to obtain a restricted driver’s license, you can request an interlock-restricted driver’s license. For a first offense, you must have an ignition interlock device (IID) installed in your vehicle(s) for up to six months.
Not having the ability to drive can have a negative impact on your life, making it difficult to commute to work, attend college courses, make important appointments, or run household errands. At Spaulding Law P.C., I—Attorney Frank Spaulding—can review your case and determine all your legal options to get you back on the road as soon as possible.
For more information about our legal services, contact us at (907) 312-1300 and schedule a free consultation.