Archive for January, 2010

Binge drinking is when you consume five or more drinks on a single occasion. The alcohol consumed is approximately the quantity required to increase the BAC or blood alcohol concentration which is considered to exceed the legal limit to be charged for DWI. Binge drinking can make you impaired and unable to operate a vehicle. It leads to becoming intoxicated due to heavy consumption of alcohol over a short period of time.

Binge drinking in Arkansas is gaining popularity among underage persons and the statistics indicate that in 2000, almost one in five underage persons aged 12 to 20 was a binge drinker with consumption of about five to more drinks on a particular occasion. This rate of binge drinking among underage persons was almost as high as that consumed by adults of 21 years or more.

Effects of binge drinking amount minors in Arkansas

Under Arkansas law, if you are a driver under 21, you are considered legally drunk if your blood alcohol level is 0.02 or more. The Arkansas underage DWI law is applicable to drivers under 21. If it is found that you are below 21 and your blood alcohol concentration level is between .04 and .08, you will be prosecuted under the Arkansas DWI statute which is applicable for persons 21 and over. If you are prosecuted under the underage DWI statutes due to your binge driving, you will face strict charges and the penalties are as follows:

• If you are a first offender, you will be charged with a fine with the amount ranging between $100 and $500. Along with this, you also need to perform public service work as ordered by a judge. Your license will also be suspended for a period of 90 days.
• If you are second offender, the DWI penalties are more severe and your fine will range between $200 and $1,000. You will have to perform community service work for at least 30 days. The license is suspended for about a year.
• Likewise, the third or subsequent offense is considered to be felony with fine between $500 and $2,000. You must also perform community service work for at least 60 days. Your license will be revoked until you reach age 21 or for three years, whichever period is longer.
• If you are an underage driver and your license is suspended as a result of an underage DWI you need to complete an alcohol and driving education program specifically developed for underage drivers, an alcoholism treatment program or both.

Arkansas DWI Attorney

According to Arkansas DWI law, if you are suspected to be operating a vehicle while violating the DWI statute after binge drinking and you are a minor, the state initiates two types of legal actions: criminal action and administrative action. Both the legal actions will lead to suspension of your driving privilege and other additional penalties along with it. The Arkansas attorney can prepare your case effectively to defend you based on the evidence he will collect for you and put forth in the court so that your case will be better and your penalties will be reduced or completely removed.

When you are involved in a DWI, you need to act fast as it is considered a serious offense and can lead to significant consequences if not handled carefully. You will have to face charges like jail time, loss of driving privilege as well as monetary fines. You need to understand the challenges you will face when you are in such a problem. It is better that you seek the help of legal advice of an experienced DWI attorney in Ohio who will help you in understanding your rights and options.

According to the Ohio law, once you are arrested for DWI, the state will initiate two legal actions simultaneously. The first one is the Criminal Action given in response to the ticket issued to you. The second one is the Administrative Action initiated against your license by the Ohio Bureau Motor Vehicles. Both the actions lead to the suspension of your driving license. You will also face various kinds of additional penalties and each action must be taken care of separately.

With respect to penalties you will face various kinds of legal and financial problems. When your license gets automatically suspended, you have the right to challenge the suspension through an Administrative License Suspension. Even the first offense will lead to you facing jail time for a minimum of three days. Along with these, you will have to pay very high fine and an increase in the premium of the auto insurance. It will also spoil your record for future employment.

How a DWI attorney in Ohio can help?

After being arrested for DWI, you have only 30 days to hire an attorney and request an Administrative Hearing from the Bureau Motor Vehicles. This will help you avoiding DWI conviction. In case you fail to do so within 30 days, you will lose your right along with your license which will be suspended automatically for a particular period of time. Your right to an Administrative Hearing is possible only if you submit your request to the Bureau Motor Vehicles within 30 days.

The penalties for a DWI can have long lasting impact on you and your family. It not only leaves you with a criminal record which can affect your ability to get professional license, better job prospects, ability to get loans or any other opportunities. The effects of your DWI will be more severe if you are a repeat offender. Thus, your attorney can help you to aggressively protect your rights and interests. He will help in challenging the evidence in your DWI case like challenging the authenticity of the breathalyzer and blood tests.

With the help of a DWI attorney in Ohio your penalties with be either reduced or completely removed. You can seek free consultation from him to get necessary details on what is likely to happen as part of the prosecution for the DWI in Ohio as well as on the effect on your license to operate your vehicle. You need to be aware that when you are charged with a DWI in Ohio, there will be automatic revocation of your driving license. In case you refuse to take a chemical testing after your arrest, your driving license will be suspended.

While handling a DWI case, an Ohio defense attorney analyzes the scientific as well as medical aspects of the case. He also should be able to put forth questions to varied kinds of witnesses like the scientists as well as police officers. As he has in-depth knowledge about the blood alcohol analysis, he can effectively handle criminal and administrative proceedings.

There is strict punishment in the Arkansas for people who are booked under DWI laws. Apart from the fine of $1,000, you also need to spend ten days in jail. You have seven days to challenge the suspension of your driving license. After being booked for DWI in the state of Arkansas, you will be given a temporary driving license which is valid for one month.

2009 Arkansas Criminal Law Modifications

The Arkansas Legislative assembly has come up with a number of amendments with regard to DWI laws. You need to have a proper understanding of these changes otherwise you may not be able to fight your DWI case during court. From July 1, 2009, there is an increase in the fine limits violations and misdemeanors. If you are booked for Class A, you will pay $2,500. For Class B, you will pay $1,000 and for Class C you will pay $500.


According to Act 341, there is an increase in the maximum fine for municipal ordinances violation from $500 to $1,000. In terms of driving license suspension, for the first DWI offense, your driving license can be suspended for a period of four months to six months. Act 922 states that your driving license can be suspended for a period of one year if it is your second or third DWI offense. Once this period is over, you need to install an interlock device in your vehicle.


Interlock Devices – On the basis of past record and the kind of DWI you are booked for, you need to install an interlock device in your vehicle. Interlock devices are governed by the Arkansas Department of Health. There are plenty of companies operating in the state of Arkansas that provide assistance in installing interlock devices, so there is no effect on your driving privileges.


Arkansas Commercial Vehicle License – In the state of Arkansas, there are increased driver’s license suspensions for individuals with a commercial vehicle license. If you refuse to undergo a chemical test, you are going to face huge financial penalties. If it is your first offense, you will not be able to operate a commercial motor vehicle for one year. For individuals booked under the Hazardous Materials Regulations Act, this suspension period can go up to three years. For a second offense, there is a strong possibility that you will be banned for life from operating a commercial vehicle.


Chemical Testing – When arrested in Arkansas for DWI, you need to offer a sample of urine, blood and breath for testing. If you refuse to give sample, your punishment will increase if you found guilty of the charges presented by the law enforcement official in the court proceeding. Your driving license will be suspended on the spot if you refuse to give your sample.

What to Do Next

When booked for DWI in Arkansas, make sure that you take the charge seriously. Hire an experienced DWI attorney that has comprehensive knowledge of Arkansas DWI laws.