DUI FAQ

Arrested for DUI?  Call 501-603-9911

What is a DUI?

It is basically a zero tolerance DWI for anyone under the age of 21.

The law states: It is unlawful 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.

It is unlawful 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 0.02 but less than 0.08 in the person's breath or blood.

Is under the influence for DUI different than for DWI?

Yes. "Influence" means being affected by the ingestion of alcohol or similar intoxicant, or any combination thereof, to 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, constitutes a danger of physical injury or death to himself and other motorists or pedestrians;

What are the penalties for DUI?

1st Offense

• DL suspended for 90 days
• $100-$500 fine
• Alcohol Education

2nd Offense

• $200 up to $1,000 fine
• Alcohol Education
• Community Service of not less than 30 daysDL suspension for 1 year

3rd Offense

• DL revocation for 3 years or until minor reaches 21 years old, whichever in longer
• Alcohol Education
• $500 up to $2,000 fineNo fewer than 60 days community service

How long do the Courts look back when determining if this is a 1st or subsequent DWI or DUI?

The Courts will look back five years.

Is the look back period five years from when I got my first dwi or five years from when I plead guilty?

Enhancement for prior DWIs and DUIs during the 5 year look back period are determined from the date the violations occurred rather than the date of conviction.

Can a prior DWI be used to enhance a DUI?

Yes, a prior DWI can be used to enhance a DUI.

Can a prior DUI be used to enhance a prior DWI?

No, a DUI cannot be used to enhance a DWI.