Blood Alcohol Content (BAC) Limit in Arkansas

In Arkansas, the legal BAC limit is 0.08, but there are exceptions. Learn how the State measures intoxication, and why this matters for your DWI case.

Arkansas law provides two separate ways to establish a DWI. A person may be convicted by proof that the person was legally intoxicated, or by proof that the person operated or was in actual physical control of a vehicle with an alcohol concentration of 0.08 or higher.

A result of 0.08 or higher can therefore establish a DWI without separate proof that the driver’s reactions, motor skills, and judgment appeared substantially altered. Ark. Code Ann. § 5-65-103(a)

What is Blood Alcohol Concentration?

Blood alcohol concentration, commonly called BAC, measures the amount of alcohol present in a person’s blood. BAC is usually expressed as a decimal or percentage. For example, a BAC of 0.08 means that the person’s blood contains 0.08 grams of alcohol per 100 milliliters of blood. a BAC of 0.08

Arkansas law uses the broader term “alcohol concentration” because alcohol levels may be measured through either blood or breath testing. Under Arkansas law, alcohol concentration means:

Grams of alcohol per 100 milliliters of blood; or

Grams of alcohol per 210 liters of breath.

A breath-test result is technically a breath alcohol concentration, sometimes abbreviated as BrAC, although BAC is frequently used as a general term for both blood and breath results. Ark. Code Ann. § 5-65-204(a)

Myth-Busting: Can My DWI Case Be Thrown Out If I Blew A .07?

A BAC below 0.08 does not automatically allow a DWI charge to be “thrown out.” If the concentration was .04 or less, it is presumed that the person was not intoxicated — but that presumption can be challenged by the State if circumstantial evidence suggests otherwise (Ark. Code Ann. § 5-65-206(a).

This is exactly why you need a Little Rock DWI attorney on your DWI case. Without one, prosecution has an unobstructed path to convict you of a DWI even if you blew under the legal limit.

Other BAC Limits to Know

For drivers under 21, Arkansas’s underage DUI law applies a lower alcohol-concentration threshold of 0.02 but less than 0.08. Ark. Code Ann. § 5-65-303

For CDL holders, 0.04% is the limit. (Ark. Code Ann. § 27-23-114)

Our DWI Attorneys Can Create A BAC-Smart Defense

A defense attorney can provide certain defenses to the legal limit, such as attacking field sobriety test accuracy, or whether or not you were mirandized.

Ludwig Law Firm
Phone: 501-868-7500
Website: ludwiglawfirm.com
Serving clients throughout Central Arkansas.

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.