Lowell DWI Lawyers

We Know What It Takes to Challenge DUI Accusations

A driving while intoxicated (DWI) conviction in Arkansas can substantially alter the course of your life. Also referred to as a DUI, the offense carries steep penalties, including incarceration, fines, and the loss of driving privileges. Additionally, a conviction goes on your criminal record and will show up when someone, such as a potential employer, runs a background check. To seek to avoid the costly and life-changing ramifications of a DWI violation, it is essential to fight your charge with the help of an experienced and proven lawyer.

At Norwood & Norwood, P.A., our Lowell DWI attorneys have nearly a century of combined experience and have handled over 8,000 DWI/DUI cases. As a team consisting of former prosecutors, we know how the other side thinks. Because we collaborate when taking on a case, you benefit from our extensive knowledge and unique insight. Employing a comprehensive strategy allowing us to approach cases from various angles, we develop innovative and aggressive defenses for our clients. Our DWI lawyers in Lowell are ready to get started on fighting your charge and seek a favorable outcome for you.

Schedule a free consultation with a member of our team by calling us at (479) 235-4600 or contacting us online today!

What Is Arkansas's DWI Law?

Arkansas's driving while intoxicated law is enumerated in A.C.A. § 5-65-103. It provides that there are a couple of different ways a person may be charged with the offense.

Under the statute, a person commits a violation when they operate or are in physical control of a vehicle and they:

• Have a blood or breath alcohol concentration (BAC) of 0.08 or more, or
• Are intoxicated by drugs, alcohol, and/or an intoxicating substance

To be intoxicated means that, because of the introduction of drugs and/or alcohol into the body, the driver's mental or physical abilities were diminished. Also, because they were so affected, they posed a risk of injury or death to themselves or others.

At Norwood & Norwood, P.A., we recognize that poor driving ability or an elevated BAC level can result from factors other than drug or alcohol consumption. Our DWI attorneys in Lowell will examine the details of your case, from the traffic stop to the administering of chemical tests to formal charges being filed. We will be diligent in our investigation to build a solid defense on your behalf.

What Are the Arkansas DWI Penalties?

In Arkansas, the penalties that can be imposed for a DUI conviction depend on whether the crime is charged as a misdemeanor or felony. The level of charge depends on the driver's criminal history. Additionally, aggravating factors at the time of the offense will affect the punishments upon a conviction.

Potential conviction penalties for a DWI in Arkansas are as follows:

• First offense (unclassified misdemeanor):
  • 24 hours to 1 year of incarceration, or
  • 7 days to 1 year of incarceration if a passenger under 16 years of age was in the vehicle, and/or
  • $150 to $1,000 in fines
• Second offense within 5 years of the first (unclassified misdemeanor):
  • 7 days to 1 year of incarceration, or
  • 30 days to 1 year of incarceration if a passenger under 16 years of age was in the vehicle, and/or
  • $400 to $3,000 in fines
• Third offense within 5 years of the first (unclassified misdemeanor):
  • 30 days to 1 year of incarceration, or
  • 120 days to 1 year of incarceration if a passenger under 16 years of age was in the vehicle, and/or
  • $900 to $5,000 in fines
• Fourth offense within 5 years of the first (unclassified felony):
  • 1 to 6 years of imprisonment, or
  • 2 to 6 years of imprisonment if a passenger under 16 years of age was in the vehicle, and/or
  • $900 to $5,000 in fines
• Fifth or subsequent offense within 5 years of the first (unclassified felony):
  • 2 to 10 years of imprisonment, or
  • 3 to 10 years of imprisonment if a passenger under 16 years of age was in the vehicle, and/or
  • $900 to $5,000 in fines
• Sixth or subsequent offense within 10 years of the first (Class B felony):
  • 5 to 20 years of imprisonment
  • Up to $15,000 in fines

A DUI conviction can have a significant effect on your personal and professional life and your finances. You can seek to avoid or reduce penalties by aggressively attacking the allegations against you. Our Lowell DWI lawyers are ready to fiercely challenge the prosecutor's case.

Will I Lose My Driver's License?

If you are arrested for DWI, there are a couple of ways you could lose your driver's license. First, if you have a BAC of 0.08 or higher at the time of your arrest, you are required to surrender your driver's license to the police officer (A.C.A. § 5-65-104).

The Office of Driver Services will then suspend or revoke your driving privileges for the following periods:

• 6-month suspension for a first offense within 5 years of the first
• 24-month suspension for a second offense within 5 years of the first
• 30-month suspension for a third offense within 5 years of the first
• 4-year revocation for a fourth or subsequent offense within 5 years of the first

The other way you could lose your driver's license in a DWI case is if you refuse a chemical test. Arkansas's implied consent law (A.C.A. § 5-65-202) provides that any person driving in the state has agreed to take a chemical test to determine alcohol concentration or the presence of a controlled substance.

You can refuse a DUI chemical test, but that will result in the following driver's license suspension or revocation periods:

• 180-day suspension for a first offense
• 2-year suspension for a second offense within 5 years of the first
• 3-year revocation for a third offense within 5 years of the first
• Lifetime revocation for a fourth offense within 5 years of the first

Underage DUI in Arkansas

Any person under 21 years of age caught driving under the influence of alcohol can be charged with an offense under A.C.A. § 5-65-303.

According to the statute, a violation occurs when a person underage operates or is in control of a vehicle:

• With a BAC of 0.02 or more but less than 0.08, or
• While under the influence of alcohol

Arkansas law defines "under the influence" as being affected – even to the slightest degree – by alcohol. To be affected means that normal motor skills and judgment are altered such that the driver puts the safety and lives of themselves and others at risk.

Penalties for an Underage DUI in Arkansas

An underage DUI is an unclassified misdemeanor.

The potential conviction penalties depend on the driver's history:

• First offense:
  • $100 to $500 in fines
• Second offense:
  • $200 to $1,000 in fines
  • 30 days of public service work
• Third or subsequent offense:
  • $500 to $2,000 in fines
  • 60 days of public service work

Loss of Driving Privileges for an Underage DUI

As with a regular DWI case, a person under 21 years of age can lose their driving privileges in two ways. However, the suspension and revocation periods differ.

If the driver had a BAC of 0.02 or above, the Office of Driver Services can impose the following terms of suspension or revocation:

• 90-day suspension for a first offense
• 1-year suspension for a second offense
• Revocation for 3 years or until the driver reaches 21 years of age (whichever is later) for a third or subsequent offense

Underage drinkers operating a vehicle in this state are also subject to implied consent laws.

Refusing to participate in a chemical test will result in a suspension or revocation of driving privileges as follows:

• 90-day suspension for a first offense
• 1-year suspension for a second offense
• Revocation for 3 years or until the driver reaches 21 years of age (whichever is later) for a third offense

If the driver does not have a driver's license at the time of the DUI offense, the Office of Driver Services will deny the issuance of a license or permit.

The following are the denial periods:

• 6 months for a first offense
• 1 year for a second or subsequent offense

If you or your child has been charged with an underage DUI, reach out to our DWI attorneys in Lowell for the legal representation you need.

Can a DWI be Expunged in Arkansas?

As mentioned earlier, a DWI will leave a mark on your criminal record. This blemish can make it difficult for you to get a job or place other restrictions on your life. To have it removed, you must petition the court for an expungement. An expungement seals your record, making the information confidential and accessible only under limited circumstances. However, you cannot apply for record sealing if you have been convicted of a Class B felony offense.

To seek to have your DWI conviction expunged, you must first complete your sentence – that includes finishing any periods of probation and paying all fines. You must then wait 5 years after completing your sentence before you can petition to seal your record.

At Norwood & Norwood, P.A., we can guide you through the expungement process and help seek a fresh start.

Fighting Your DUI Charge in Lowell

Our team is ready to aggressively defend you. We know what a DWI conviction can do to your life, and we can work tirelessly toward obtaining the best possible result on your behalf.

Discuss your case with us by calling (479) 235-4600 or filling out an online contact form.