Arkansas Criminal Defense Blog ©

Featured in
YLS In Brief

In Arkansas, there are enhanced driver’s license suspensions for those who operate a vehicle with a commercial vehicle license either while intoxicated, or, are those that are thought to be operating a vehicle while intoxicated and refuse to submit to a chemical test.

The suspension periods are as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(C) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years;

(D) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life; and

(E) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

(2) If a driver operates a motor vehicle and is convicted of having a blood alcohol concentration in violation of § 27-23-114(a), the driver shall be disqualified as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and

(C) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

Arkansas Code Annotated 27-23-112 (b)

Justin Eisele of Eisele Law Firm, P.A. can handle all of your commercial driver’s license DWI matters. Please call him at 501-315-5293 for a free consultation.

Justin Eisele is an attorney and shareholder at Eisele & Huffman, P.A. He is a former deputy prosecutor and handles all matters related to criminal law. As a prosecutor he handled DWI, Drug, Theft, and numerous other types of charges. Call for a free consultation at 501-315-5293.



You must be logged in to post a comment.