FREQUENTLY ASKED QUESTIONS ABOUT DUI, DWI, and BWI CASES

FAQ

The cop took my license and gave me pink sheets of paper, Can I drive and what do I do now?

The officer, assuming he did his job correctly (you know what they say about assuming right), when he charged you with DWI/BWI/DUI should have given you two pink sheets of paper and confiscated your physical driver’s license. One of those pink sheets of paper should serve as a 30-day temporary driver’s license that you have to keep on your person while driving. The pink sheet will serve as a substitute standard driver’s license that will allow you to drive for 30 days from the date of your arrest. After that permit expires you can no longer legally drive unless you have followed the steps below and obtained an ignition interlock restricted license or work permit. Your license is DWI suspended and driving without an interlock and restricted license or driving permit could result in a criminal charge with a mandatory minimum ten-day jail sentence. It is not something to ignore or wait until the last minute, you should contact us as soon as possible.

The other form should be a driver control hearing request form. If you want to contest the suspension of your license, which you should, you only have seven days to fill out that form and mail it in. The form has to be filled out correctly and if it does not make it to driver control then you give up your right to contest the suspension. Many of my clients are not aware of this and come hire me more than seven days after they are arrested. Do not wait to contest your hearing, which you can do by faxing or mailing the completed pink form or you can do online at this link.

If you would rather hire a professional to do this for you, we are happy to do so. Just reach out to us at the contact links above and below. If you’re contacting us and time is short to contest your hearing please be sure to get us on the phone and make us aware you have limited time. If you do miss the seven day window we may still be able to get a restricted license or permit, call Kidder Criminal Defense to learn how to get yourself back on the road after a DWI ASAP.

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What is the difference between DWI and DUI?

Arkansas is one of the only states that calls drinking and driving, “Driving While Intoxicated” or “DWI.” Most states call it DUI, which is Driving Under the Influence. For most intents and purposes, they are the same thing. In Arkansas we do still have a law on our books for “Driving Under the Influence” or “DUI”, however, A DUI in Arkansas is typically reserved for people under 21 years old that are believed to have a Blood Alcohol Content (BAC) greater than .02 but less than .08 and/or being slightly under the influence of drugs, but not to the extent they are considered “intoxicated.” A minor with a BAC greater than .08 or that is believed to be “intoxicated” by drugs and/or alcohol will likely be charged with normal adult DWI.

Note though-Arkansas Driver Control, which is a regulatory agency separate from the Arkansas Courts, like most other states calls all DUI’s and DWI’s a “DUI” for the purpose of communicating drivers license suspensions, points, and suspensions to other states.

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What is the difference between a BWI and DWI?

If you get a BWI, you are fortunate enough to either own a boat or have a friend that has a boat that invited you out for a good time. Unfortunately, that good time went wrong somewhere. The only difference between DWI and BWI in Arkansas is that you can only get a BWI while driving a boat while intoxicated in Arkansas. (Although we did have a client almost get a BWI when he tried to use his pickup as a boat. The police were very confused, and his truck was very damaged.) Interestingly if you get a BWI- for alcohol- you still have to get an ignition interlock put in a land vehicle and go through the normal driver’s license suspension procedure’s, ironically enough you can still drive a boat and you don’t have to put an interlock on a boat.

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What is Arkansas Driver Control and how is it different from Court?

This questions baffles many of my clients even when I take the time to explain it. I will do my best to make this as clear as possible. In Arkansas, the government agency that issues and regulates drivers’ licenses (DL) falls under the branch of the Arkansas Department of Finance and Administration. This agency is known as Arkansas Driver Control. When you are facing a DL suspension for having too many points on your license, for being convicted of a crime that has a driver’s license suspension, such as Passing as school bus or Possession of a controlled substance, or if you have been charged with DWI, DUI, or BWI, Arkansas Driver Control is the agency that is charge of giving you a hearing to determine if your license should be suspended.

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How do I get my license back?

Note that the answer may be different for your particular case, but typically for a first offense your license will be suspended for six months, you will have to have an ignition interlock (if it was a DWI alcohol) for six months, you will have to complete alcohol/drug education course and a victim impact panel, and you will pay a reinstatement fee to driver control. Once all the reinstatement requirements are met you can go to driver control and request that they reissue you your normal unrestricted driver’s license.

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What are these alcohol education classes I have to do and how do I find them?

If your license is suspended for DWI or if you’re convicted of DWI, you will have to complete a drug and alcohol education program (DASEP) as well as a Victim-Impact-Panel (VIP panel). The DASEP course is self-explanatory. The VIP class is put on by mothers against drunk driving where you are forced to listen to the stories of family members who have lost loved ones to drunk driving related incidents. The place to sign up for and attend the classes varies by county but the agency to sign up can be found online here at this link. Most of the classes are offered online and on weekends.

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Should I go ahead and sign up for these alcohol classes to be proactive and/or make the Judge and prosecutor happy?

The answer to this question depends on your specific case and circumstances, however, there is usually no reason to do the classes early with limited exceptions. I will tell you that I have never had a judge or prosecutor be “happy” or reduce a DWI sentence because someone had already done the legally required and Court ordered classes to get their license back before they were found guilty. If you are found not guilty by the Court, even though driver control has already suspended your license, you are entitled to get your unrestricted and unsuspended license back immediately without having to do the alcohol/drug education classes and without having to pay a reinstatement fee. (Two major caveats here: 1. This is not automatic, and you will have to go to driver control with proof and documentation to get your unrestricted and unsuspended license back, and 2. If you’re still convicted of Refusal to submit to chemical testing you will probably still have to do the classes, see the FAQ about Refusals below.)

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Many people that are charged with DWI 1 st offense and facing a license suspension that is only six months long have finished the 6 months before their case can be resolved. This is because most of the time cases cannot be prepared and set for trial within 6 months because the Courts move too slow. The classes have also been known to having waiting lists a few months out so it may be better to sign up sooner- the last thing you want is having to pay to have an ignition interlock in your car for an extra three months because you have to wait in line to take the classes. If you’re facing a second offense or higher, the suspension periods are 24 months or longer, there is usually plenty of time to determine whether or not your case is winnable within that time frame so there is no reason to sign up early.

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Do I have to have an ignition interlock?

If you are an Arkansas Driver charged or convicted of DWI for alcohol you will have to get an ignition interlock put in a vehicle to satisfy the requirements of driver control (unless you win your driver control hearing). The only exception to this is if we were to beat your DWI charge (and refusal to submit if you refused) and you were found not guilty. Unfortunately, there is no restricted license you will be able to get to drive without having an ignition interlock put in a vehicle.

I have had clients elect to not get an interlock and chose to just not drive, but that is very risky- if you are convicted then you will still have to have an interlock put in for the full suspension period to get your license back. Also, if you get caught driving without an interlock and interlock restricted license you can be charged with “Driving on a DWI suspended license” which carries a mandatory minimum of 10 days in jail if you’re convicted. As much as I hate it, I would recommend that my clients get an interlock because not being able to drive for 6 months or more in Arkansas for most people is simply not realistic or possible.

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I was arrested for DWI drugs and I can’t get an interlock, can I still drive?

If you are arrested for DWI 1 st offense drugs (and you do not win your driver control hearing) then you might be able to drive on a restricted work permit. We would have to apply for that permit through driver control and you would only be able to drive to and from the locations listed in the permit. If you are charged with DWI drugs 2 nd offense or greater, then you do not qualify for a restricted driving permit and you will not be able to drive while your license is suspended. This is true even if your first DWI was for alcohol and the second was for drugs. You can only get a restricted driving permit for a DWI drugs first offense.

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If I beat the DWI charge but I was convicted of Refusal to submit to a chemical test, do I immediately get my license back?

Unfortunately not, a conviction in Arkansas for Refusal to Submit to a chemical test will still cause a normal Driver’s License holder to have to go through the suspension period (with an interlock if it’s a DWI alcohol) and process, including completing the required courses, and paying a reinstatement fee to driver control. A CDL holder found not guilty of DWI- but still found guilty of Refusal to submit to a chemical test- will still have his CDL disqualified and will have to complete the same normal DL suspension process as other drivers to get his normal DL unsuspended. The driver will also still typically have to wait one year before having to retest for a CDL. However, one caveat to these answers is that it may be different if you are licensed out of a state other than Arkansas.

You should contact Kidder Criminal Defense if you have any questions regarding your license because the answers can get quite complicated depending on your specific circumstances and what state you’re licensed out of.