Arkansas DWI Defense Attorneys Protect Your License
Fayetteville attorneys defend DWI and DWI-related offenses
Since the 1990s, law enforcement has targeted those suspected of driving while intoxicated (DWI), and the government aggressively prosecutes these cases. DWI-related offenses include underage DWI, with sentence enhancements if a minor was a passenger in the vehicle. Simply being arrested for DWI — without a conviction — can result in license suspension and fines.
The attorneys at the James Law Firm work hard to keep you out of jail and keep you informed as your case progresses. You can count on us to give you a strong defense against DWI charges in Arkansas.
What are the components of a DWI charge?
DWI is one of the more frequently charged crimes in Arkansas. It is illegal for most drivers to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Arkansas law imposes DWI charges at lower BAC levels for underage drivers (0.02 percent) and for commercial drivers (0.04 percent). A movement is under way to make the permissible BAC levels even lower, which would increase the number of prosecutions statewide.
Though not traditionally thought of as a drug crime, a DWI charge can be based on a driving while under the influence of drugs. Whether you’ve been charged with DWI, conventional drug crimes or both, our attorneys are prepared to protect your due process rights and fight for your freedom in court.
What are the penalties for a DWI conviction?
In DWI cases, Arkansas does not allow you to plead to a lesser-included offense such as reckless driving. The penalties for DWI crimes are:
- For a first offense, the basic maximum penalty is one year in jail, a fine of $1,000 and a license suspension of 180 days.
- For a second offense within five years, the basic maximum penalty is one year in jail (with a minimum of 30 days), a fine of $3,000 and a license suspension of two years.
- For a third offense within five years, the basic maximum penalty is one year in jail (with a 90 day minimum), a fine of $5,000 and a license suspension of 30 months.
- The fourth or subsequent offense within five years is charged as a felony.
Should I refuse to take the Breathalyzer or blood test?
A common question we hear is whether you should submit to law enforcement’s attempts to measure your BAC through a breath or blood test. These tests are a double-edged sword. If you refuse to take a chemical test in Arkansas, your license may be suspended for six months for a first offense, two years for a second offense, and three years for a third offense. On the other hand, if you refuse to take a test to determine your BAC, the prosecution must rely on more subjective evidence, such as field sobriety tests and the police officer’s testimony, to prove intoxication. You must decide which factor is more important to you and act accordingly. Then, in either case, call us to begin building your defense.
Little Rock attorneys are prepared to help after a DWI arrest
Contact the James Law Firm online or call us at 501.683.8575 to schedule your free consultation. We are available 24/7, and jail appointments are also available. Parking is free at of our offices in Little Rock, Fayetteville and Conway. Hablamos español. The James Law Firm provides skillful defense and aggressive representation.