Arkansas is an at-fault state
Whether rightly or wrongly, America is considered the land of litigation. If someone is injured or damaged, the first instinct is to sue. There’s just one problem with this in reality. There are not enough courts and judges to deal with all the cases in a timely fashion. The result? There’s a long backlog of cases. Some states have tried to deal with this problem by adopting the no-fault option. Instead of waiting for someone to decide which driver is to blame, the insurer simply pays out to its insured up to whatever limit was written into the policy. The result in the other countries where this system is in place is significantly lower car insurance rates. In the American states with this option, no-fault has become the target of fraud on a massive scale. In most states, this has meant higher car insurance rates. Arkansas has maintained the at-fault system which keeps car accident attorneys in work and the court backlog high.
Why should you care?
Well, although Arkansas is an at-fault state, you may drive to no-fault states like Florida or Kansas. It’s therefore a good idea to understand the difference and, if you should get into an accident, seek legal advice from a car accident attorney with expertise in the relevant system of law. This is particularly important if you or one of your passengers has suffered personal injuries. The right to claim non-monetary damages for pain and suffering varies from state to state depending on the extent of the injuries and how quickly you are likely to recover.
Finding an attorney
Regardless whether the problem is civil or criminal, you should always know what your rights are before you commit yourself in any way that’s legally significant. So if your car insurance company is offering you a settlement for a personal injuries claim, or you have just had a brush with law enforcement officers and may be facing charges, you should take advice. Even if you have picked up a ticket for a minor offense, it can be worth getting advice because the fact of a ticket might cause your car insurance rates to rise. Beating the ticket might save you a significant amount of money over the years. An experienced car accident attorney can often get minor offenses dismissed. If it comes to more serious offenses, the cost of insurance may become unaffordable. The more serious the offense, the more likely it is the car insurance industry will refuse to sell you cover. This high-risk status will force you into the state-run exchange.
DWI in Arkansas
What are the blood alcohol concentration limits in Arkansas?
• This is not a zero tolerance state, but if you are under 21, the BAC is 0.02%
• If you are 21 or older, the BAC is 0.08%
• If you are driving a commercial vehicle, the BAC is 0.04%
If you are asked to consent to a chemical test, there’s a balance to be struck depending on the penalties you will face. What happens if you refuse to take a chemical test? If this is your first offense, there’s minimum jail time of 24 hours or community service, and your license can be revoked for six months. If it’s your second offense, the minimum jail time is seven days or thirty days community service, and the revocation will be two years. But if you are convicted of DWI, there’s both jail time, plus a fine, plus a license suspension. An ignition interlock is fitted to your vehicle and you will be required to go through an alcohol education or treatment program. If anyone was injured in a collision when you were drunk or had taken drugs, you will also be required to attend a victim impact panel. There are no alternate offenses to plead to and so avoid conviction for DWI. In addition to the criminal penalties, there are administrative penalties to suspend the driver’s license. This may be avoided if you can prove particular hardship, but if this argument is successful, it guarantees the ignition interlock is fitted and retained beyond the time imposed by the criminal court. Employing a specialist car accident attorney always gets better results than you acting on your own.