Arkansas Arkansas’ all -offender ignition interlock law went into effect in April 2009. From 2006 to 2020 in Arkansas, interlocks stopped 112,531 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 17,835 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Any first-time drunk driver can only drive legally during the six months following a DUI license suspension if the person installs an interlock.
Grade: B+ (87/100) Arkansas has an effective all-offender ignition interlock law as it requires all drunk drivers to use the device before obtaining an unrestricted license. The law could be made even better by closing loopholes.
Process to obtain an ignition interlock 1. Contact the Driver Control office (DMV) to see if approved for an interlock restricted license. 2. Complete the application; upon approval, submit reinstatement fee to the MVD (if applicable). 3. Get proof of insurance (SR-22 certificate). 4. Schedule an appointment to have an interlock device installed. 5. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock First offense Immediately following license restriction from the Department of Driver Control. 6 to 12 months Second offense 2 years First refusal 12 months Can a drunk driver wait out an interlock order? Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
No
Compliance based removal?
Legislative Recommendation
Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
No
Day-for-Day credit for early installation?
Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion? Not applicable The implementation of the Arkansas interlock law is mainly administrative and not solely reliant on the Court system. As a result, the use plea agreements or diversion to avoid interlock use does not play a factor in undermining the use of this lifesaving device for drunk drivers. Affordability program? No
Create an indigent program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.
Legislative Recommendation
Sources: §5-65-104(a)(1), §5-65-118, Arkansas Department of Finance and Administration
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