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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas DUI

DUI in Arkansas


Howerton Law Firm DUI Attorneys
Arkansas DUI Attorneys at the Howerton Law Firm handle all Arkansas DUI matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with DUI lawyer Wendy Howerton or simply call the Howerton Law Firm at 479-587-9300.

About DUI in Arkansas
DUIs are not the same as DWIs, and they are not lesser included offenses. In other words, if the prosecutor would be able to prove you are guilty of a DUI but not a DWI; however, they have charged you with a DWI, you must be found not guilty. Additionally, DWIs cannot be kept off your driving record or put under advisement.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.


Arkansas Criminal Code for DUI in Arkansas
5-65-301. Title.
This subchapter may be known and cited as the “Underage Driving Under the Influence
Law” or the “Underage DUI Law”.
History. Acts 1993, No. 863, § 1.
5-65-302. Definitions.
As used in this subchapter:
(1) “Influence” means being controlled or affected by the ingestion of an alcoholic
beverage or similar intoxicant, or any combination of an alcoholic beverage or similar intoxicant,
to such a degree that the driver's reactions, motor skills, and judgment are altered or diminished,
even to the slightest scale, and the underage driver, therefore, due to inexperience and lack of
skill, constitutes a danger of physical injury or death to himself or herself and other motorists or
pedestrians; and
(2) “Underage” means any person who is under twenty-one (21) years of age and
therefore may not legally consume alcoholic beverages in Arkansas.
History. Acts 1993, No. 863, § 2.
5-65-303. Conduct proscribed.
(a) It is unlawful and punishable as provided in this subchapter for any underage person to
operate or be in actual physical control of a motor vehicle while under the influence of an
alcoholic beverage or similar intoxicant.
(b) It is unlawful and punishable as provided in this subchapter for any underage person to
operate or be in actual physical control of a motor vehicle if at that time there was an alcohol
concentration of two-hundredths (0.02) but less than eight-hundredths (0.08) in the underage
person's breath or blood as determined by a chemical test of the underage person's blood or
breath or other bodily substance.
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