Driving Under the Influence of Marijuana in Arkansas

Driving under the influence of marijuana is a crime in Arkansas.  This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession by drivers and passengers may also apply.

To learn more about Arkansas laws concerning marijuana in general, see Arkansas Marijuana Laws.

Driving Under the Influence of Marijuana

It is illegal to drive a vehicle while under the influence of any substance that impairs the driver’s mental or physical faculties. (Ark. Code Ann. §§ 5-65-102 and following.)

Penalties for Driving Under the Influence

Penalties vary according to whether it's a first or subsequent conviction, as follows:

  • First conviction: driver's license suspension for 120 days, a fine of between $150 and $1,000, and/or up to one year in municipal or county jail.
  • Second conviction: driver's license suspension for two years, a fine of between $400 and $3,000, and/or imprisonment for up to one year.
  • Third conviction: driver's license suspension for 30 months, a fine of between $900 and $5,000, and/or imprisonment for up to one year.
  • Fourth conviction: driver's license revocation for four years, a fine of between $900 and $5,000, imprisonment for up to six years, and possibly the seizure of the vehicle involved.
  • Fifth or subsequent conviction: driver's license revocation for four years, a fine of between $900 and $5,000, imprisonment for up to 10 years, and possibly the seizure of the vehicle involved. (Ark. Code Ann. §§ 5-65-111, 5-65-112.)

Additional penalties apply if a child younger than 16 years of age was in the vehicle at the time of the offense, unless the passenger was within two years of the driver’s age. (Ark. Code Ann. § 5-65-111.)

Multiple offenses can lead to the vehicle’s forfeiture and sale. (Ark. Code Ann. § 5-65-117.)

Implied Consent to Drug Test

Anyone driving in the state of Arkansas is deemed to have given consent to one or more tests to determine the presence of a controlled substance. Refusal to submit to the test will result in a driver’s license suspension for 180 days. (Ark. Code Ann. §§ 5-65-202, 5-65-205.)

Local Legal Help

If you have been charged with a marijuana-related offense, you face the possibility of jail time and fines. You will need to consult with an experienced Arkansas criminal defense attorney to learn how strong the prosecution’s case appears to be, whether you have viable defenses to the charge, whether you can negotiate a dismissal or plea bargain, or how you might fare if you plead not guilty as charged and go to trial.

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