In Arkansas, it’s a criminal offense to drive while intoxicated (DWI). DWI is a criminal offense instead of just a traffic offense because drunk drivers endanger themselves and others on or near the road. Drunk drivers also endanger any passengers they may have at the time of the offense.
A DWI offense involving child passengers is an especially grave offense. If you had a passenger under 16 at the time of your arrest for DWI, expect enhanced penalties on conviction.
The legal stakes rise
Driving while intoxicated with a passenger under 16 is considered an aggravating factor for a DWI case. Also, depending on the circumstances and number of prior offenses, what would’ve been a misdemeanor DWI offense can turn into a felony instead.
Enhanced penalties for DWI with a child passenger
Even if you’ve only committed your first DWI, having a child passenger can increase the severity of your penalties if a court convicts you. The following are the enhanced penalties you faced based on the number of prior DWI offenses you’ve committed if you have a child passenger onboard:
- First DWI offense, unclassified misdemeanor: Seven days but no more than a year of imprisonment for having a passenger under 16. This is an increase from 24 hours up to a year of imprisonment for an unenhanced offense.
- Second DWI offense within 10 years of the first, unclassified misdemeanor: Thirty (30) days but no more than one year of imprisonment, up from seven up to a year for an unenhanced offense.
- Third DWI offense within 10 years of the first, unclassified misdemeanor: At least 120 days but no more than a year of imprisonment, up from 90 days up to a year for an unenhanced offense.
- Fourth DWI offense within 10 years of the first, unclassified felony: Two years but no more than six years of imprisonment, up from one year up to six years for an unenhanced offense.
- Fifth or subsequent offense within 10 years of the first offense, unclassified felony: Three years but no more than 10 years of imprisonment, up from two up to 10 years for an unenhanced offense.
In addition to these penalties, a convicted driver faces fines and license suspension/revocation.
Arkansas takes DWI cases involving young passengers seriously as part of a broader commitment to safeguarding the lives of children and all road users. But an enhanced sentence can be devastating to a convicted driver, even if it’s their first offense. If you are facing a DWI charge and had a passenger under 16 at the time of the offense, consider legal advice for your case.
