Arkansas ignition interlock device laws require nearly every driver convicted of DWI to install an IID on every vehicle they drive, pay for the device themselves, and keep it in place for the full period set by the Office of Driver Services. Tampering with the device, having someone else blow into it, or lending a non-equipped vehicle to a restricted driver are each separate Class A misdemeanors punishable by up to a year in jail and a $2,500 fine.
Who Has to Install an Interlock Device
The Arkansas Office of Driver Services must place an IID restriction on anyone convicted of driving while intoxicated under Arkansas Code § 5-65-103, whether it is a first offense or a fifth.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices The restriction stays on your record until you complete the mandatory IID period, and you cannot get a restricted license until you prove the device is installed on every vehicle you plan to drive.
One boundary matters here: the IID requirement does not apply if the intoxication involved only a controlled substance rather than alcohol.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices The device measures breath alcohol, so drug-only DWIs fall outside its purpose.
Getting a Restricted License and Driving During Suspension
If your license is suspended after a DWI, the Office of Driver Services can issue an ignition interlock restricted license that lets you drive during the suspension, but only after you prove the device is installed on every vehicle you intend to operate.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices Without that proof, no restricted license is issued and you cannot legally drive.
When the restricted license connects to a suspension under § 5-65-104, the IID requirement runs until the original suspension period ends. Administrative suspensions for a first DWI are 120 days and increase with subsequent offenses. Full driving privileges are not restored until you show that the device was installed and maintained for the entire required period.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices If your license is already suspended or revoked and you would otherwise qualify, you can petition the Office of Driver Services for a hearing to request a restricted license.
Waivers for First-Time Offenders
A first-time DWI offender can ask the court to waive the IID requirement, but only under three specific circumstances:1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices
- You need to drive an employer-owned vehicle for work, and you do not own or control the business that owns it.
- A physician certifies that you cannot physically provide a deep lung breath sample for the device to analyze.
- No state-certified IID provider operates within 100 miles of your home.
The waiver is only available on a first offense. On a second or subsequent DWI, the statute does not permit a court to waive the IID at all.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices
How the Device Works Day to Day
Arkansas sets the device’s breath alcohol threshold between 0.02% and 0.05% BAC. At or above that setting, the vehicle will not start.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices That range sits well below the 0.08% legal driving limit, so even a single drink can trigger a lockout depending on body weight and the calibration setting.
The device must be professionally serviced and monitored at least every 67 days by a provider approved by the Arkansas Department of Health.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices At each appointment, the technician recalibrates the sensor and downloads the data log, which records every breath test, failed attempt, and any sign of tampering. Providers furnish that data to the sentencing court.2Arkansas Department of Health. Arkansas Regulations for Breath Alcohol Ignition Interlock Devices
The device also runs rolling retests while the vehicle is moving. You are prompted to provide a breath sample at random intervals after starting the car. A failed rolling retest triggers a visible or audible alert and can lead to an automatic lockout that prevents restarting until a technician services the device.2Arkansas Department of Health. Arkansas Regulations for Breath Alcohol Ignition Interlock Devices
What the Program Costs
Arkansas law puts the reasonable cost of leasing or purchasing, monitoring, and maintaining the device on the restricted driver.1Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices Exact amounts depend on the certified provider you use, but your budget needs to cover installation, a monthly lease fee, calibration service charges at each appointment, and a removal fee at the end. Nationally, installation runs roughly $70 to $150, and monthly lease and monitoring generally fall between $30 and $110, plus a service fee at each calibration appointment.
You will also almost certainly need to file an SR-22 certificate of financial responsibility with the state, proving you carry at least the minimum liability insurance. Filing fees themselves are modest, but the insurance premium increase that comes with a DWI conviction and SR-22 typically lasts three years and can be substantial.
Criminal Offenses Involving the Device
Arkansas Code § 5-65-123 defines four distinct crimes tied to IID misuse. Each covers a different way people try to work around the device, and each can be charged against the restricted driver, someone helping, or both.
- Soliciting a blow: if you are restricted and knowingly get another person to start or try to start your IID-equipped vehicle so you can drive it, that is a criminal offense.3Justia. Arkansas Code 5-65-123 – Offenses Involving a Motor Vehicle Equipped with an Ignition Interlock
- Providing a blow: if you knowingly start or attempt to start an IID-equipped vehicle for someone who is restricted, you commit a separate offense even though you are not the restricted driver.3Justia. Arkansas Code 5-65-123 – Offenses Involving a Motor Vehicle Equipped with an Ignition Interlock
- Tampering: knowingly tampering with or attempting to bypass the operation of an installed IID is its own offense, covering everything from disconnecting wires to feeding compressed air into the mouthpiece.3Justia. Arkansas Code 5-65-123 – Offenses Involving a Motor Vehicle Equipped with an Ignition Interlock
- Lending a non-equipped vehicle: if you knowingly hand keys to a vehicle without a functioning IID to someone you know, or should know, is restricted, you face criminal liability as well.3Justia. Arkansas Code 5-65-123 – Offenses Involving a Motor Vehicle Equipped with an Ignition Interlock
The solicitation offense requires specific intent. You must have gotten someone to blow into the device for the purpose of actually driving the vehicle. Starting the car to warm the engine for maintenance, with the restricted driver staying out of the driver’s seat, is not treated the same way.
Penalties for IID Violations
Every offense under § 5-65-123 is a Class A misdemeanor.3Justia. Arkansas Code 5-65-123 – Offenses Involving a Motor Vehicle Equipped with an Ignition Interlock In Arkansas, that class carries up to one year of imprisonment4Justia. Arkansas Code 5-4-401 – Sentence and a fine of up to $2,500.5Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount The same maximum applies to the restricted driver who solicits a blow, the friend who provides one, the person who tampers with the hardware, and the vehicle owner who lends a car without an IID.
These penalties sit on top of whatever sentence the underlying DWI conviction produced. Getting caught circumventing the device while already on restrictions effectively stacks a second criminal case onto the first.