Seatbelt and Drunk Driving Laws Advance in Arkansas

Lawmakers in Arkansas’ General Assembly approved a bill that will stiffen the state’s seatbelt law and the House of Representatives has passed a measure extending the amount of time a judge can consider previous DWI convictions in setting a drunk driver’s punishment.

Senate Bill 78, which was presented in the House by Rep. Fred Allen of Little Rock, makes seatbelt violations a primary offense, meaning an officer can make a traffic stop on that violation alone. Until now, not wearing a seatbelt was a secondary offense, and the officer had to witness another violation before making a stop. The fine for not wearing a seatbelt will be $25.

Backers of the bill have tried to change the secondary-violation law for several sessions, never succeeding until now. The bill goes to the governor and takes effect immediately upon his signature. Passage of the bill assures the state of receiving $9.5 million in federal highway-safety grants. The violation is a primary offense in 26 other states, according to federal records.

HB 1459, by Rep. Barbara Nix of Benton, doubles the amount of time a judge can consider previous DWI convictions in setting a drunk driver’s punishment. It also gives prosecutors the same flexibility in determining what charges to file.

The so-called “look back” period currently is five years, but HB 1459 would double that to 10. Most states have five-year periods, while a few others have no time limit at all. Under HB 1459, a person with at least four DWI convictions within a 10-year period could receive a felony enhancement in his sentence for another drunk driving conviction.

The bill goes to the Senate.

Source: Arkansas General Assembly

Topics Personal Auto Arkansas