Ignition Interlock Rules and Offenses
Arkansas ignition interlock laws can affect your driving privileges after a DWI conviction. An ignition interlock device requires drivers to pass a breath alcohol test before starting their vehicle, but the legal requirements go beyond installation.
Tampering with the device, bypassing a breath test, allowing someone else to start your vehicle, or providing an unequipped vehicle to a restricted driver can result in criminal charges. Learn how ignition interlock devices work, when Arkansas requires them, and the penalties for violating ignition interlock laws.
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An ignition interlock device (IID) is a breathalyzer installed in a vehicle that measures the driver’s breath alcohol concentration before allowing the engine to start. If the device detects alcohol above the permitted limit, the vehicle will not start until the driver provides a passing breath sample.
The device also requires random rolling retests while driving to confirm the driver remains alcohol-free. Drivers should pull over safely to complete these tests. A failed or missed retest will not shut off a moving vehicle, but it may result in penalties depending on state law.
Ignition interlock devices are commonly required after DWI offenses as a condition of restoring driving privileges.
What Is An Ignition Interlock?
When Can I Install an Interlock?
After you appear at your license sentencing hearing and the 30–day temporary license is expired, you are entitled to an ignition-interlock temporary drivers permit, which requires you to install an ignition interlock device in your vehicle. This permit lasts until the end of your suspension period, and allows you to drive for work and other essential travel (Arkansas Code § 5-65-402(b)). The suspension periods are as follows:
- Six months for a first offense
- 24 months for a second offense within five years
- 30 months for a third offense within five years
- Four-year revocation for a fourth or subsequent offense within five years (Arkansas Code § 5-65-104(a)(2)(A)(i)(a); AR Code § 5-65-104(a)(2)(B)(i); AR Code § 5-65-104(a)(2)(C)(i); AR Code § 5-65-104(a)(2)(D)(i)).
Criminal Offenses Related to Ignition Interlock
All of the following offenses are Class A misdemeanors, including tampering with an ignition interlock device and starting an interlock-equipped vehicle for a restricted driver. Penalties can include up to one year in jail, and a $2500 fine.
Providing a Vehicle Without a Functioning Ignition Interlock
This Class A misdemeanor involves knowingly providing a vehicle without a functioning ignition interlock to someone the provider knows or reasonably should know is subject to an interlock restriction. An allegation could arise when someone lends a friend an unequipped car after the friend tells them about the restriction. Arkansas law provides a limited defense for certain court-approved use of an employer-owned vehicle (Arkansas Code § 5-65-123(d) and (e)).
Tampering With an Ignition Interlock Device
This Class A misdemeanor involves knowingly tampering with an ignition interlock installed in a vehicle or attempting to bypass its operation. An allegation could involve deliberately disconnecting the device so the vehicle can start without the required breath test. An unsuccessful attempt to bypass the device can also qualify (Arkansas Code § 5-65-123(c) and (e)).
Unlawfully Allowing Another Person to Start an Ignition-Interlock Vehicle
This Class A misdemeanor applies to the restricted driver. It can arise when the driver knowingly asks or allows someone else to start or try to start an interlock-equipped vehicle so the driver can operate it or take actual physical control of it. An allegation could involve asking a friend to provide the breath sample so the restricted driver can drive away (Arkansas Code § 5-65-123(a) and (e)).
Unlawfully Starting an Ignition-Interlock Vehicle for Another Person
This Class A misdemeanor applies to the person who knowingly starts or tries to start an interlock-equipped vehicle for a driver subject to the restriction. An allegation could involve a passenger providing the breath sample and attempting to start the vehicle for the restricted driver. The law provides a defense for starts or attempted starts for safety or mechanical repair when the restricted driver does not operate the vehicle (Arkansas Code § 5-65-123(b) and (e)).
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What To Do After Arrest
Preserve every document
Write down what happened
Preserve digital evidence
Follow bond and court conditions
Avoid discussing the facts publicly
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Trial preparation for a criminal offense in Arkansas starts long before the trial date. Our defense attorneys identify the elements the prosecutor must prove, prepare exhibits, study the officer’s prior statements, evaluate expert testimony, and prepare you for the stand.
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ARKANSAS INTERLOCK LAWS
Frequently Asked Questions
Gene Ludwig founded Ludwig Law Firm in 1982, starting out as a personal injury trial lawyer. Today, our attorneys use that full-scale trial mindset to win DWI and criminal defense cases in Little Rock, central Arkansas, and Northwest Arkansas.
Our attorneys have furnished this FAQ section just for you. If your answer wasn’t answered here, feel free to call us or submit a form with your question.
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Is Tampering With an Ignition Interlock Device a Crime in Arkansas?
Yes. Knowingly tampering with an ignition interlock device or attempting to bypass its operation is a Class A misdemeanor in Arkansas. This can include disconnecting the device so a vehicle can start without the required breath test. Even an unsuccessful attempt to bypass the device may qualify as a violation. (Arkansas Code § 5-65-123(c) and (e)).
Can Someone Else Blow Into Your Ignition Interlock Device in Arkansas?
No. A driver subject to an ignition interlock restriction can face a Class A misdemeanor for knowingly asking or allowing another person to start or attempt to start the vehicle so the restricted driver can operate it. This includes asking a friend or passenger to provide a breath sample on the driver's behalf. (Arkansas Code § 5-65-123(a) and (e)).
Is It Illegal to Start an Ignition Interlock Vehicle for Someone Else?
Yes. Knowingly starting or attempting to start an ignition interlock-equipped vehicle for a driver subject to an interlock restriction is a Class A misdemeanor. However, Arkansas law provides a limited defense for starts related to safety or mechanical repairs when the restricted driver does not operate the vehicle. (Arkansas Code § 5-65-123(b) and (e)).
Can You Let Someone With an Ignition Interlock Restriction Borrow Your Car?
Generally, you cannot knowingly provide a vehicle without a functioning ignition interlock device to someone you know, or reasonably should know, is subject to an interlock restriction. Doing so is a Class A misdemeanor. Arkansas law provides a limited defense for certain court-approved uses of employer-owned vehicles. (Arkansas Code § 5-65-123(d) and (e)).
What Are the Penalties for Ignition Interlock Violations in Arkansas?
The four ignition interlock offenses described in Arkansas Code § 5-65-123 are classified as Class A misdemeanors. Under Arkansas's general misdemeanor sentencing laws, a Class A misdemeanor can carry up to one year in jail and a fine of up to $2,500.
Additional consequences may affect a restricted driver's license or ignition interlock requirements, depending on the circumstances. (Arkansas Code § 5-65-123(e); § 5-4-401; § 5-4-201).
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