Arkansas Drunk Driving Defense Attorneys
- Atkins
- John Burnett:
Whether you are fighting a speeding ticket, reckless driving charge, or
are facing suspension of your drivers license after you have been
stopped for driving while intoxicated (DWI), you deserve legal
representation that is effective and efficient.
- Bentonville
- Karren, Brad:
* Criminal Law
o DUI/DWI
o Felonies
o Misdemeanors
o Traffic Violations
o White Collar Crimes
* Family Law
o Divorce
o Child Support
o Custody and Visitation
* Personal Injury
o Plaintiff
o Motor Vehicle Accidents
* Civil
o Contracts
- Smith & Horwart:
Under the Sixth Amendment to the United States Constitution, a defendant has a right to confront his or her adverse witnesses. This means that the defendant has a right to a face-to-face meeting with the witnesses. Included in this right is the right to cross-examine the witnesses.
- Cabot
- Tim Blair: Most DUI cases have a criminal side
and a civil side. The DUI arrest results in criminal charges, which
have mandatory jail time in Arkansas. What most drivers do not realize
is that a DUI arrest also initiates a civil proceeding against your
driving privileges called an administrative license revocation (ALR).
If you are charged with DUI in Arkansas, you have 15 days to request an
administrative license revocation hearing (ALR) to challenge the
suspension of your license. If you do not request the hearing within 15
days of your arrest, your license will automatically be suspended.
If you have a commercial driver license (CDL) you need to be aware that
a DUI conviction will mean the loss not only of your license but also
your livelihood. Even if you are able to get your CDL back, you will
not be able to purchase affordable insurance.
- Clinton
- Blagg Law Firm:
Arkansas DWI / DUI
- Tester, Kent:
Have you been arrested for a DWI in Arkansas? You need an accomplished attorney to protect your rights.
- Morgan & Tester:
...wise counseling before a decision is the best antidote to costly legal action.
- Ralph J. Blagg: The
hardest cases to win are DWI/DUI and winning requires not only a special
interest but also specialized training.
- Conway
- Madden Law Firm:
* Creditor Harassment
* Family Law
* Disability Law
* Business Law
* Personal Injury
* Criminal Defense Law
* Real Estate Law
* Estate & Probate Law
- Bennet & Williams:
Arkansas DWI Penalties
If you get a ticket for driving while intoxicated, you MUST apply for a hearing within seven days
or your license will be automatically suspended 30 days from the date of arrest.
PUNISHMENTS IMPOSED BY CRIMINAL COURTS ARE AS FOLLOWS:
FIRST OFFENSE DWI: One day to one year in jail and a fine of $150.00 up to $1,000.00, plus court costs of $300.00. The court has the discretion to order public service in lieu of jail.
SECOND OFFENSE DWI: Seven days to one year in jail or no less than 30 days community service and a fine of $400.00 up to $3,000.00, plus court costs of $300.00.
THIRD OFFENSE DWI: Ninety (90) days to one year in jail or no less than 90 days community service and a fine of $900.00 up to $5,000.00.
FOURTH OFFENSE DWI: A fourth offense DWI is a felony in Arkansas. One year to six years in the state penitentiary or not less than one year of community service. A fine of $900 to $5000.00.
FIFTH OFFENSE DWI: A fifth offense DWI is also a felony. Two years to ten years for the fifth or subsequent offense in the state penitentiary or not less than two years of community service. A $900.00 to $5,000.00 fine.
Arkansas DWI arrestees may be subject to an ignition interlock requirement.
PENALTIES IMPOSED BY THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION:
FIRST OFFENSE DWI:
* DWI (Alcohol): 120 days suspension if breath test under .15. Under some circumstances you can get a restricted license for work or school.
* DWI (Drugs): Suspension for six months.
* Refusal: 180 days. No restricted license available but you may qualify for an "interlock" restricted license.
SECOND OFFENSE DWI:
* DWI: Suspension for 24 months for a second offense within 5 years of the first offense. After one year can get interlock and restricted license.
* Refusal: Two year suspension. No restricted license is available.
THIRD OFFENSE DWI:
* DWI: Suspension for 30 months. No restricted license for one year.
* Refusal: Revocation for three years. No restricted permit or license is available.
FOURTH AND SUBSEQUENT OFFENSE DWI:
* DWI: Revocation for four years.
* Refusal: Lifetime revocation.
- El Dorado
- Vickery & Carroll:
Legislatures across the country, including the Arkansas General
Assembly have responded to the problem in various ways. The most
popular responses have been to enact stiffer sentences for offenders
and to lower the objective standard for determining when a person is
legally intoxicated. Today's article will discuss DWI law in
Arkansas-your responsibilities as a motorist and the legal consequences
of driving while under the influence of alcohol.
- Fayetteville
- Davis, Darrell:
* Personal Injury
* Car Accidents
* Truck Accidents
* Wrongful Death
* Criminal Defense
* Drug Charges
* DWI/Drunk Driving
* Chapter 7 Bankruptcy
* Chapter 13 Bankruptcy
- Niblock Law Firm:
* DUI (also known as DWI or drunk driving)
* Homicide
* Drug crimes
* Sex crimes
* White collar crimes (embezzlement, fraud)
* Property crimes (theft, burglary)
* Assault & domestic abuse
* Probation violations
- Morton, George:
Drunk Driving
In Arkansas, drunk driving charges cannot be pled down. These are serious charges, affecting your ability to drive, make a living, travel, and otherwise carry on a normal life.
- Bryant, Brenton:
You face fines, a driverÕs license suspension, and even jail after a DUI / DWI arrest, so itÕs critical to have an experienced Arkansas lawyer fighting for your rights.
- Paul Reynolds:
You should consult an attorney for individual advice regarding your own situation.
- James Hornsey: The best defense is usually defeating the
charge on the insufficient probable cause for the stop. If that
canÕt be defeated, and a conviction is likely, work to mitigate the
punishment. DWI violations can have serious consequences
and not being informed about the law can lead to mistakes, For example,
the implied consent law applies during a stop (the police suspect
youÕre driving while intoxicated) and carries a longer driverÕs license
suspension for refusing to take the sobriety test than the license
suspension for the DWI itself. DWI convictions are commonplace
and difficult to beat and may carry larger out of pocket costs than a
conviction for possession of meth. On the other hand, people shouldnÕt
drink & drive. A DUI charges are for those people under 21 years of
age who have greater than .02 and less than .08 blood alcohol content.
- Froelich & Oleson:
Many individuals charged with DWI have never been charged with a
criminal offense or had to appear in court before. If you are one of
these people, you may be scared of the criminal justice system, and
unsure what the next step is towards defending yourself against this
charge. Rest assured, even if you took a breathalyzer test, your case
is not hopeless. There are many defenses against DWI, and the DWI
attorneys at Froelich & Oleson are familiar with them. If you have
been charged with a DWI or DUI in Arkansas, it is important to call an
attorney right away. Not only is this important to protect your rights,
but it is also important to protect your driving privileges.
- Ft. Smith
- >David Dunagin: Have you
been arrested? Pulled over on I-40 and arrested for DUI or drug
trafficking? What happens next? Your immediate future may hang in the
balance, and you need to decide on a lawyer who is able to best
represent your interests.
- Hal Davis:
You should consult an attorney for individual advice regarding your own situation.
- Jo Carson:
You should consult an attorney for individual advice regarding your own situation.
- Joseph Self: When you
are charged with a crime, whether it's a felony or a misdemeanor, you
face a process with the potential for serious, long-term consequences.
Representation by an experienced criminal defense lawyer is critical in
the initial stages of a criminal prosecution.
- John Settle: DUI / DWI- Arkansas law makes it illegal to
drive when your blood alcohol level or breath alcohol level is above
the legal limit. The punishment for drunk driving is severe, and is not
to be taken lightly. My goal is to skillfully evaluate each case for
police error, breath testing, and other types of evidence that weakens
the strength of the Prosecutors case against you. Whether this is your
first DWI offense, or if you have had a previous conviction, securing
my services assures you have protected your rights and that everything
possible will be done to win your case.
- Sexton & Sanders:
Even though it is one of the most commonly charged criminal offenses,
DWI cases can be extremely complex, especially when dealing with issues
such as breathalyzer accuracy and measurement of blood alcohol content
(BAC), probable cause to stop and miranda rights. Even though these
cases are generallycharged as only misdemeanors, they can have a
serious effect ones driver's license, driving record and insurance
rates. It is important to have an attorney well versed in the area of
licensure suspension so that the client may obtain the best possible
arranagment for driving on a work permit. It is important to act
quickly in regard to the suspension, because a defendant only has seven
days in which to file an intent to contest the suspension. Hire an
attorney who is familiar with DWI defense and knows how to protect your
rights.
- Harrison
- Malm Law Firm: In addition to your right to
drive, moving violations can affect your insurance rates and coverage.
It is important that you preserve your rights while protecting your
reputation, regardless of the seriousness of the offense.
- Hot Springs
- Hurst, Morrissey, Hurst:
There are few, if any, legal matters that are more serious than criminal charges, accusations, or investigations. Even if you are not the target of an investigation or accusation, you have rights that should be trusted to an experienced and skilled trial attorney as soon as you become involved in criminal matters.Ê
Those rights are meant to protect the innocent as well as the guilty and will have an important impact on protecting yourself from aggressive investigations and false accusations.
Criminal law is the body of statutory and common law that deals with the identification and prosecution of people being charged by the state or federal government for an act that has been classified as a crime.
A criminal charge is the formal written document filed with a court that accuses a person of a crime: when announced in court these are referred to an indictments. Indictments are the specific statutory violations alleged to have been committed.
An indictment can be for a misdemeanor or a felony. A felony is a more serious violation, usually penalized with prison time. Either way, a criminal charge is clearly a serious matter. We handle these criminal cases, among others:
* Assault
* Battery
* Burglary
* Driving While Intoxicated (DWI)
* Parole and probation violations
* Felonies
* Misdemeanors
* Habeas corpus
* Expunctions
* Juvenile crimes
* White-collar crime
* Sex crimes
* Murder/man-slaughter
* Grand theft
* Traffic offenses
* Violent crimes
* Domestic abuse
* Child abuse
* Weapons charges
* Trespassing
* Appeals
- Little Rock
- James Law Office:
Arkansas Criminal Law
Legal advice and representation are essential at every stage of a criminal case, including before charges are even filed. Unless the police have personally witnessed the crime with which you are being charged, there will likely be an investigation period before charges are actually filed, during which time you may be interviewed, and other evidence collected. What you say and do at this stage can influence what charges are filed, if any, and your statements and actions may be used against you later at trial. Consulting with an attorney experienced in Arkansas criminal laws at this stage can be critical to whether charges are even filed and to protecting your rights should the case later come to trial.
- Montgomery, Adams & Wyatt:
* Assault and battery
* Burglary
* Capital offenses
* Criminal appeals
* Death penalty
* Driver's license suspension
* Driving While Intoxicated (DWI)
* Drug distribution
* Drug possession
* Drug manufacture
* Electronic surveillance
* Expungements
* Extortion
* Extradition
* Felonies
* Forgery
* Hit and run
* Homicide
* Mail fraud
* Manslaughter
* Misdemeanors
* Murder
* Parole and probation
* Post-conviction remedies
* Sex crimes
* Sexual assault
* Shoplifting
* Stalking
* Theft
* Traffic violations
* Vehicular homicide
* Weapons charges
- Nolen, Christopher:
Your Constitutional Rights:
Always remember you have constitutional rights that need protection. If you have been arrested for a crime or contacted by the police, please keep these seven points in mind:
1. You have the right to have your attorney present with you at every stage of the proceedings.
2. You have the right to a public trial by an impartial jury.
3. You have the right to remain silent before and during trial; DO NOT SAY ANYTHING without your attorney. No one can force you to testify against yourself.
4. You have the right at trial to hear and question all witnesses who testify against you.
5. You have the right at trial to have witnesses testify on your behalf.
6. You have the right to appeal a determination of guilt after a trial has concluded.
7. You are presumed innocent until a criminal charge is proven Òbeyond a reasonable doubtÓ or you enter a plea of guilty.
In each criminal case, the State must prove every element of the crime with which you have been charged. The prosecutor's accusation against you does not mean that the State has all the evidence necessary to meet that burden.
- Green, Gary:
Criminal Law
The most important thing to keep in mind if you are facing a criminal law charge is that you have the right to remain silent and you should exercise that right. You should also retain legal counsel as soon as possible to protect your rights!
If you have never faced criminal charges before, you may not be aware of the legalities of the criminal process and the repercussions that you may face. We can help you understand the charges filed against you, your available defenses, the plea bargains offered, and the penalties and fines you may expect if you are convicted.
Crimes are divided into two classes of misdemeanors and felonies. Misdemeanor offenses are not as serious as felony offenses and typically don't involve great bodily harm to another person and are punishable by probation, jail time of less than one year, community service, counseling, restitution, and monetary fines. Felonies comprise the most serious criminal offenses including bodily harm to another person or large sums of money. A felony conviction can result in prison terms of more than a year, lengthy probation, immense fines, or even the death penalty.
- Gregory Bryant:
Criminal law charges present difficult emotional and financial situations. They require an attorney familiar with the law and the prosecutors, judges, and courts in which the case will be tried.
- Bill James: A trial
judge generally has discretion whether to grant probation to a
defendant. In accordance with that discretion, the trial judge is also
entitled to modify, to reduce, or to terminate the defendant's
probation.
- Herbert Wright: Do
not talk to anyone about your case without first discussing the matter
with your attorney. You may discuss anything concerning your case with
your attorney because these matters are recognized to be confidential.
Remember though that this confidential privilege extends only to
discussions between you and your attorney and your attorney's staff.
Anything you tell your family, friends or others such as cellmates is
not confidential, and the court can compel those people to testify
about what you have said whether they want to or not.
- Hancock and Lane:
Every state makes it a crime for a driver to operate a vehicle (car,
motorcycle or commercial vehicle) while under the influence of alcohol
or drugs. Commonly called driving under the influence (DUI), this
offense may also be called driving while intoxicated (DWI), operating
under the influence (OUI) or operating a motor vehicle intoxicated
(OMVI). There are two situations when a driver can be arrested and
convicted for DUI: 1. When the driver is unable to operate a vehicle
safely as a result of being impaired by alcohol, illegal drugs,
prescription medications (e.g., painkillers) or over-the-counter
medications (e.g., antihistamines); or 2. When the driver is operating
a vehicle above the state's set blood-alcohol concentration (BAC)
standards.
A driver's first DUI conviction is normally charged as a misdemeanor,
but may increase to a felony in some states if someone was injured or
if it is a repeat offense. For example, DUI may be charged as a felony
in California if the accused has three or more prior DUI convictions.
- Collins Law Firm:
DWI FAQ
classroom
What is a DWI?
DWI is a two part law. This means that you can be convicted under one of the following two sections of law.
1.It is unlawful for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.
2.It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight-hundredths (0.08)
What does intoxicated mean?
Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians;
Does it matter that the drug was prescribed to me?
No, but it does matter what the drug is. Many prescribed drugs are not schedule I-VI drugs and therefore, do not fall under the DWI statute. Controlled Substance is a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act. This statute includes both legal and illegal drugs.
Can I get a DWI if I wasnÕt driving?
Ironically there is no requirement for driving to get a driving while intoxicated charge. The law states you must be in actual physical control of the vehicle. The Courts have determined that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove physical control by asking if you have been driving or by other circumstantial evidence. The law has become very muddled with this element of the crime. If you have a specific question you should contact our office so one of our attorneys can determine if it applies to your case.
Can I get a DWI if I was not on public roadway?
There is no requirement that you operate the vehicle on a public roadway. Many people have gotten DWIÕs on private property. This does, however, bring up a new issue of whether the police had the authority under Rule 3.1 or 2.2 to actually come into contact with you. Call our office and speak with an attorney to determine if your specific facts allow for a defense.
Is a four wheeler a motor vehicle?
A vehicle is defined as every vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wire but not operated upon rails. This would include four wheelers, cars, trucks, electric wheel chairs, golf carts, etc...
Can my DWI be pled down to a careless driving?
Yes and No. State law prohibits reducing a DWI. You must go to trial or plead guilty. Federal law does not have the same prohibition and in some instances you may be able to plea to a reduced charge.
What are the penalties for DWI?
Aside from the embarrassment, increased insurance premiums, and possible interference with employment and professional licensure, in State Court you can look forward to:
1st Offense
* 24 hours to 1 year in jail
* $150 up to $1,000 fine
* $300 Court Costs
* Alcohol education class
* DL suspension for 120 days if BAC is .08-.14; 6 months if intoxicated by alcohol or drugs; 180 days if .15 or higher
* .15 or higher, commercial license, or refusal results in no work permit
2nd Offense
* 7 days up to 1 year in jail
* No less than $400 up to $3,000 fine
* $300 Court Costs
* Alcohol Education Course
* DL suspension for 24 months with no permit, however, an interlock is available after 1 year
3rd Offense
* 90 days up to 1 year in jail
* $900 up to $5,000 fine
* $300 Court Costs
* Alcohol Education
* DL Suspension for 30 months with no permit, however an interlock is available after 1 year
4th Offense - Felony
* 1 year up to 6 years in prison
* up to 10,000 fine
* $300 Court Costs
* Revocation of DL for 4 years
* Alcohol Education
Can I get a work permit?
If you are charged with your first DWI, had a blood alcohol level of less than .15%, and did not refuse the test you should be able to get a work permit to get to and from work, school, Court, alcohol education classes, and for emergency health care.
What if my blood alcohol concentration was over a .14%?
If you blew over a .14% you will not be able to get a work permit, but you may qualify for an interlock device. The advantage of an interlock device is that you can drive anywhere at anytime. The disadvantage is that it can be very embarrassing and has an initial setup cost and a monthly maintenance fee.
What if I refused to take the test offered by the officer?
If you refused the test you will not be able to get a work permit, but you may be able to get an interlock device. The advantage of an interlock device is that you can drive anywhere at anytime. The disadvantage is that it can be very embarrassing and has an initial setup cost and a monthly maintenance fee. However, you will not be able to get an interlock if your offense involved drugs and you refused the officerÕs request to take a test.
What is an interlock device?
An interlock device is a machine hooked to your ignition that prevents your car from starting if you have a detectable amount of alcohol on your breath. There are many local providers and the price for installation and monthly maintenance vary.
- Lea
Fowler: ... you need to know everything about your legal rights and
options prior to making a final decision about what is right for you to
do.
- Marrianna
- Daggett, Donovan, Perry & Flowers:
You should consult an attorney for individual advice regarding your own situation.
- Mount Ida
- Yeargan, John:
Adoption ADR - Alternative Dispute Resolution
Banking & Finance Bankruptcy Law
Business Organizations Child Support
Consumer Protection Contracts
Criminal Law Custody & Visitation
Debtor/Creditor Defamation (Libel, Slander)
Divorce DUI/DWI
Elder Law Eminent Domain
Estate Planning Family Law
Gambling General Practice
Government Agencies Health & Healthcare Law
Land Use Landlord/Tenant
Litigation & Appeals Personal Injury
Probate Property Damage
Real Estate Law Social Security Disability
State, Local & Municipal Law Traffic Violations
Trusts Veteran Matters
Wills Worker's Compensation
- North Little Rock
- Davis, Steven:
*
Debt Collection
*
Bankruptcy
*
Criminal Defense - Federal and State
*
Social Security Disability
*
Wills, Trusts, and Guardianships
- Robertson Law Firm:
Drunk driving (DUI/DWI): Arkansas takes drunk driving seriously, so when you are arrested for driving under the influence, it is important to hire a serious lawyer as soon as possible. Speaking with a lawyer early in your case can help you enforce your rights and prepare a strong criminal defense.
- Pocahontas
- Riffel & Bowlin:
COMMON MISTAKESÊ
*Talking too much. Don't volunteer information or answer
questions unless your lawyer is present. For instance, the
police certainly will ask you if you have been drinking
and how much. Do not lie to them, do not tell them the
truth. Simply say that you do not wish to answer and
wish to remain silent until you can seek legal advise.
They will argue with you and you will have to stick to
your polite request. You must do what you are told, but
you do not have to talk. This is very hard to do, the police
are very good at making you nervous.
* Not contacting a lawyer promptly.
*Not sending in your request for an administrative
hearing within seven days. The officer gave you two pink
or yellow sheets of paper. The second one is a request for
a hearing on your driver's license. You driver's license is
not controlled by the court and you have to make a
request for a hearing on that aspect of the case. Do so. Do
not let the seven days pass even though the hearing may
not be fair or adequate.
*Do not give permission to search and ask to allow you to
put in writing that you do not consent. Write your refusal
to consent on any form you are given or repeat it on any
videotape if they search anyway.
*Do not plead guilty until and unless you have talked with
an attorney who has had training and experience trying
these cases. Many of these cases can be won.
*Do not hire an attorney who does not have the experience
and training necessary to evaluate and if necessary try
these cases. These cases are unique and must be handled
by people who practice regularly in this fieldÊ
*Do not sign or do anything until you understand what you
are asked to do. This, again, is not easy as the police will
insist that you must understand. After you have been
graded poorly on the field sobriety tests for something you
did not know about, it is too late to say you did not
understand. Ask them what they will be looking for and
how the tests will be graded.
*Do not tell them about your medication. They will use this
against you. If they ask if you are sick or hurt or taking
medication, tell them you will be glad to answer as soon as
you have talked with an attorney. They will insist that you
are not entitled to talk with your attorney until after their
test, so do not give them information until after you are
allowed to talk with your attorney.Ê
*Do not lie to anybody, including your lawyer. The best
way not to lie is to simply say nothing.
*Do not admit anything. Simply do not discuss the matter.
- Kirby
Riffel: I have an extensive successful practice representing people accused
of DWI.
- Rogers
- Keith, Miller, Butler, Schneider & Pawlik:
First, it is important to understand the difference between a DWI (driving while intoxicated) and a DUI (driving under the influence). Although many people use the terms DWI and DUI interchangeably, there are some major differences in Arkansas. DUIÕs are applicable only to people under the age of 21 and carry penalties that are not as severe as a DWI. Someone under 21 can still be charged with a DWI if their blood alcohol content is high enough but that is beyond the scope of this article. A DWI is committed when a person is operating a vehicle with a blood alcohol content of 0.08 (eight hundredths) or higher or is operating a vehicle while Òintoxicated.Ó The ÒintoxicatedÓ part of the statute is designed to prohibit operating vehicles under the influence of intoxicants other than alcohol such prescription or non prescription drugs. he purpose here is to tell you what to expect once youÕve been charged with a DWI in Arkansas.
Once you have been arrested and charged with DWI, the officer, before you are released, will take your drivers license and give you at least three different forms. The first form will be the ticket or citation. This will explain that you have been charged with DWI and when and where your first court appearance will be held. The second form will be a temporary driving permit which will allow you to continue driving for 30 days (unless your license is already suspended for other reasons). The third form will be to request a hearing from the Arkansas Department of Finance and Administration (DFA) to determine your eligibility to have your license reinstated. You MUST send the DFA form in to the DFA office in Little Rock within 7 days of being arrested. If you do not send it in within that time frame, they will deny your right to a hearing and impose the suspension that they see fit. They will set the hearing (if requested timely) within 20 days of receiving your form. If it is filed on time you should always have your hearing before your 30 driving permit expires. (7 days to file + 20 days to set = 27 days).
The important issue to keep in mind during this process is that you have two different courses of action occurring. The first is the pending criminal case and the second is the drivers license issue with the DFA. At your hearing the DFA will determine whether or not you qualify for a restricted license or to have an interlock device installed on your vehicle for the duration of your suspension. Whether or not you refused the blood alcohol content test (BAC), how high your alcohol content levels were, whether you were intoxicated due to alcohol or drug ingestion, and whether this is your first DWI can all effect how long the suspension lasts and what type of conditions you will be subjected to during the suspension. Our attorneys have had much experience representing clients in front of the DFA office and assisting with getting the least restrictive suspension. The burden of proof for the state in a DFA hearing is very low and the hearing officers are very limited in what options they can offer but a knowledgeable attorney can sometimes get the suspension dropped for technical reasons.
If your license is suspended after the hearing you will be required to do several things to get your license back from the State. The DFA usually charges a fee to reinstate the license and you will be required to get assessed for an alcohol awareness course and complete that course through a state approved agency. Completion of this course is also required by the Court in the criminal case if you are found guilty or enter a guilty plea. IF you are successful at defending your DWI case in court you can occasionally get the suspension lifted.
The court date that appears on your citation is called an arraignment and is for the purpose of going before the Court to enter a ÒguiltyÓ or Ònot guiltyÓ plea. It is not advisable to enter a ÒguiltyÓ plea before the court at arraignment because you subject yourself to the full range of punishment including jail time without having had a chance to review the evidence against you. If you plead ÒguiltyÓ the judge will sentence you as he sees fit within the bounds of the law. If you plead Ònot guiltyÓ you will likely be advised to speak to an attorney and will be given a new court date.
It is very important to make all of your court dates unless told otherwise by your attorney. Your attorney will review the evidence against you and determine if it is in your best interest to take the case to trial or to accept a plea agreement from the prosecutor. The ranges in punishment for a DWI are very wide and depend on the individual case. Your level of intoxication, whether a wreck was involved, the presence of children, whether other charges were filed, prior alcohol related offenses, and the specific facts of your case all play a role in determining what a reasonable plea agreement is on a given DWI charge. The evidence used in a DWI case is very technical and must be obtained in a very specific manner. There may well be times that, although you were intoxicated, the police officer did not conduct himself correctly and you find yourself getting a Ònot guiltyÓ verdict at trial.
A DWI charge is a very complex thing and has many different issues that need to be addressed. It can affect your job, you family, and your future. Most attorneys offer free consultations and with a DWI it is advisable to use these services.
- Russellville
- Mobley Law Firm:
* Auto Accidents
* Insurance Claims
* Wrongful Death
* Medical Negligence
* Criminal Defense
* DWI Defense
* Real Estate
* Personal Injuries
* Wills & Estates
* Products Liability
* Divorce & Custody
* Immigration
You should consult an attorney for individual advice regarding your own situation.
- Irwin,
Burnett & Irwin: DWI / DUI Defense: The actions you take
immediately following a traffic offense, such as drunk driving (DWI /
DUI) or reckless driving, can have a long-term effect on your life
impacting your finances, mobility, and your freedom. You need an
Arkansas criminal defense lawyer who understands that.
Back to Drunk Driving Defense Attorneys
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