Arkansas driving while intoxicated (DWI) laws require courts to order the installation and maintenance of ignition interlock devices (IID). IIDs must be installed on any and all vehicles operated by the offender. The offender is responsible for any and all costs associated with the IID, including monthly lease payments, purchase, maintenance, monitoring and removal. Offenders are required to have IIDs serviced by the certified service provider every 67 days. Offenders must obtain IIDs from service providers who are certified by the State of Arkansas.
The IID is a small device that is connected to the vehicle’s ignition system. The driver is required to blow into the device to submit a breath sample. The IID measures the alcohol content of the breath sample and compares it to a pre-set limit. In Arkansas, IIDs are pre-set with a limit no less than 0.02 and no more than 0.05. If the breath sample indicates an alcohol level that is above the pre-set limit, the IID prevents the vehicle from starting. IIDs require drivers to submit random breath samples while operating the vehicles. If a “rolling re-test” results in a breath alcohol content that is above the pre-set limit, the IID initiates an alarm sequence that includes sounding the vehicle’s horn and flashing the vehicle’s lights. The alarm sequence continues until the driver turns off the vehicle or submits a clean breath sample. In some situations, the IID initiates a permanent lockout phase during which the vehicle cannot be started under any circumstances. The vehicle must be towed to the service provider to have the permanent lockout released. The offender is responsible for any and all costs associated with the permanent lockout, including towing and any fees imposed by the service provider.
At the time of conviction, the offender’s driving privileges are suspended and the court determines the time period of the IID restriction. Typically, IIDs are required for a period of one year or for the remainder of the suspension period. To obtain an IID-restricted driver’s license, the offender must submit proof of IID installation to the Office of Driver Services.
For first-time offenses, driving privileges are suspended for a period of six months. IID-restricted driver’s licenses are available immediately to first-time offenders. For second-time offenses, driving privileges are suspended for a period of 24 months. A third DWI conviction within five years of a previous conviction results in the suspension of driving privileges for a period of 30 months. To obtain an IID-restricted license, individuals convicted of second and third offenses must serve a mandatory 45-day suspension period before obtaining an IID-restricted license. In cases of second and third offenses, offenders are restricted to driving to and from the offender’s place of employment, an educational institution for classes, a court-approved alcohol safety education and treatment program and the certified IID service provider location. Fourth and subsequent DWI convictions within five years of prior convictions result in driving privileges being revoked for a period of four years and restricted driving permits, including the IID-restricted license, are not granted in these cases.
Violating the terms of the ignition interlock device restriction results in the revocation of the IID-restricted driver’s license and the reinstatement of the original period of revocation or suspension. Any person who knowingly allows an individual with an IID restriction to operate a vehicle that is not equipped with an IID commits a Class A misdemeanor. If the offender is required to operate an employer-owned vehicle as a requirement of employment, the offender must notify the employer of the IID restriction and have proof of notification in the employer-owned vehicle at all times. The offender may only operate the employer-owned vehicle during regular work hours and for purposes required by the employer. Under no circumstances may the offender operate an employer-owned vehicle that is owned by a business that the offender wholly or partially owns or controls. Any person who submits a breath sample for the offender, tampers with or circumvents the IID commits a Class A misdemeanor and is subject to legal action.
Additional Resources For Ignition Interlock Arkansas Laws
Arkansas Regulations For Breath Alcohol Ignition Interlock Devices
Arkansas Ignition Interlock Code
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