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DWI

Bentonville DWI Lawyer

Helping Those Accused of Driving While Intoxicated in Benton County

A driving while intoxicated (DWI) accusation in Arkansas is a big deal. Even a first offense can result in incarceration, fines, and the loss of driving privileges. The penalties increase substantially for each subsequent violation/conviction. A DWI also comes with many collateral consequences, such as having a harder time getting car insurance and paying more when such is acquired, facing possible dismissal from a job, experiencing challenges when trying to get a new job, and having trouble renting a car. Because a drunk driving offense can have such significant ramifications on your life, it's essential to have a DUI defense lawyer on your side, helping fight your charge.

At Norwood & Norwood, P.A., we have over 100 years of combined experience and know what it takes to get results. Our Bentonville DWI lawyers have defended over 11,000 people in DWI cases and have achieved favorable outcomes, including "not guilty" verdicts, for past clients. Although we cannot guarantee results based on our past successes, we are ready to deliver the skilled and effective legal representation you need. When you turn to us, we will ask focused questions about your case, gaining a full understanding of what happened from the initial stop to the charges being filed. We are thorough in our review to ensure that we build an aggressive defense to cast doubt on the prosecuting attorney's case.

To schedule a free consultation with one of our Bentonville DWI attorneys, call us at (479) 235-4600 or contact us online today.

What Constitutes A DWI in Arkansas?

In Arkansas, it's unlawful for any person to be in actual or physical control of a motor vehicle while intoxicated. According to the law, a person may be considered intoxicated when their "reactions, motor skills, and judgment" are affected by drugs and/or alcohol, and such impairment places themselves or others at risk of injury or death.

The specific statute concerning DWI in Arkansas is A.C.A. 5-65-103.

It provides that a person commits an offense when they operate a vehicle:

  • While intoxicated by alcohol, a controlled substance, and/or an intoxicant; or
  • While their alcohol concentration is .08 or more

Additionally, Arkansas follows an implied consent rule, which means that by driving in the state, motorists automatically consent to chemical testing if suspected of driving under the influence. Refusing a test can lead to immediate penalties, including license suspension. Our firm ensures that your rights are protected during these challenging times, and we work diligently to counter any unlawful testing or procedural faults.

At Norwood & Norwood, P.A., we recognize that various factors can influence a person's driving behaviors, and alcohol or drug intoxication is not always the cause. We also know that procedural errors can lead to skewed results on chemical tests. Yet, a person can be charged and convicted even because of faulty equipment or law enforcement misconduct. Our Bentonville DWI attorneys are ready to look through every log and examine all pieces of evidence in your case to determine what defenses may be raised. We will focus on protecting your rights and best interests.

What Are The Penalties For DWI in Arkansas?

A DWI conviction can lead to several criminal penalties. The specific sanctions a court can impose depend on the defendant's criminal history and whether a minor was in the vehicle at the time of the offense.

The potential conviction penalties for a DWI in Arkansas include:

  • First offense:
    • Between 24 hours and 1 year in jail
    • Between 7 days and 1 year in jail if a person under 16 years of age was in the vehicle
    • Between $150 and $1,000 in fines
    • At least $300 in court costs
    • Driver's license suspension for 6 months
  • Second offense (within 5 years of the first):
    • Between 7 days and 1 year in jail
    • Between 30 days and 1 year in jail if a person under 16 years of age was in the vehicle
    • Between $400 and $3,000 in fines
    • At least $300 in court costs
    • Driver's license suspension for 2 years
  • Third offense (within 5 years of the first):
    • Between 90 days and 1 year in jail
    • Between 120 days and 1 year in jail if a person under 16 years of age was in the vehicle
    • Between $900 and $5,000 in fines
    • At least $300 in court costs
    • Driver's license suspension for 30 months
  • Fourth offense (within 5 years of the first):
    • Between 1 and 6 years in prison
    • Between 2 and 6 years in prison if a person under 16 years of age was in the vehicle
    • Between $900 and $5,000 in fines
    • At least $300 in court costs
    • Driver's license revocation for 4 years

When you're facing such severe punishments as those imposed for a DWI, it's vital that you fight your charge to seek to avoid or minimize the penalties. At Norwood & Norwood, P.A., our Bentonville DWI lawyers have a track record of success in these matters. Before you plead guilty, speak with us about our approach and how we can challenge the accusations against you.

When our DWI lawyers in Bentonville take on a case, we work toward:

  • Obtaining the best possible result
  • Preventing driver's license suspension
  • Getting additional charges dismissed
  • Avoiding incarceration
  • Keeping fines and costs low

Will I Lose My Driver's License for an Arkansas DWI?

From the moment you are arrested for driving while intoxicated, you face the loss of your driving privileges. The arresting officer may immediately seize the person's driver's license and issue a temporary permit that is valid for 30 days. After the 30-day period, a full suspension goes into effect.

A person accused of a DWI may also be prohibited from driving if they refuse to be subject to a chemical test to determine alcohol concentration level or the presence of a controlled substance.

Under Arkansas's implied consent law (A.C.A. § 5-65-202), such a refusal is a violation and subject to the following sanctions:

  • First offense: 180-day driver's license suspension
  • Second offense (within 5 years of the first): 2-year driver's license suspension
  • Third offense (within 5 years of the first): 3-year driver's license revocation
  • Fourth offense (within 5 years of the first): lifetime revocation

The individual has 7 days to contest the suspension of their driving privileges. We can help you seek to maintain your driver's license.

What Are Common DWI Defenses in Arkansas?

Every DWI case is unique, but there are a number of proven defenses that a Bentonville DWI lawyer may use depending on the facts:

  • Illegal traffic stop: If the officer lacked reasonable suspicion to pull you over, the entire case may be thrown out.
  • Improper administration of field sobriety tests: These tests must be conducted according to specific guidelines. Failure to do so can make the results unreliable.
  • Faulty breathalyzer equipment: Devices must be properly calibrated and maintained. Malfunctioning or unapproved equipment can lead to false readings.
  • Medical conditions: Certain health conditions can mimic signs of intoxication or affect chemical test results.
  • Violation of Miranda rights: If police failed to read your rights, any statements you made may be inadmissible in court.

By analyzing every aspect of the arrest, a Bentonville DWI attorney can uncover weaknesses in the prosecution's case and use them to your advantage.

Discuss Your Case with Our DWI Attorneys in Bentonville

The Bentonville DWI lawyers in our firm include former deputy prosecutors, people who have worked on the other side and understand the strategies and tactics the prosecutor will use to try and convict you. Even though you are only paying one legal fee if you hire our firm, you are receiving the benefit of having a team of lawyers with nearly 100 years of combined legal experience.

Doug Norwood is our team leader and has input on all cases that need his knowledge and experience. There are many cases where several of our attorneys review a case and give input. The old saying "two heads are better than one" is very appropriate in the area of DWI. Our Benton County DWI attorneys put our heads together to come up with ideas that will help our clients. The attorneys on our criminal defense legal team have a lot of experience in DWI cases and they all aggressively look for ways to win cases and fight to get great outcomes for our clients. We fight hard for our clients and would love to help you!

Contact our Bentonville DWI attorneys today at (479) 235-4600 or fill out this online form to discuss your case in a free consultation!

Frequently Asked Questions About DWI in Bentonville

What Is the Difference Between a DUI and a DWI?

In Arkansas, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are terms that can often cause confusion. DWI is primarily used for drivers aged 21 and older who have a blood alcohol concentration (BAC) of 0.08% or higher. DUI charges, on the other hand, typically apply to drivers under the age of 21 with a BAC of 0.02% or higher. The penalties for each differ due to the severity of impairment and the age of the driver involved. Understanding these distinctions is critical for anyone navigating potential charges in the state, as each requires a different approach and defense strategy.

How Can a DUI/DWI Affect My Insurance Rates in Bentonville?

A DUI or DWI conviction in Bentonville can significantly impact your insurance rates. Insurance companies view these offenses as indicators of high risk, often resulting in marked increases in premiums. Additionally, you may be required to file an SR-22 form, which proves to the state that you meet the minimum insurance requirements after a conviction. This form can increase your premiums further. The duration of these increased rates can vary, typically ranging from three to five years following a conviction. Seeking a skilled DUI/DWI attorney can be crucial in mitigating these effects and exploring possible defenses to reduce charges or penalties.

What Are Common Procedures During a DWI Arrest in Bentonville?

During a DWI arrest in Bentonville, standard procedures begin with the officer stopping you for a traffic violation or suspected impaired driving. The officer will observe signs of intoxication, such as the smell of alcohol or erratic behavior. If suspected, you may be asked to undergo field sobriety tests and a portable breath test. Should these suggest impairment, you will likely be arrested and taken to the precinct for further testing. It's important to note that under Arkansas's implied consent law, refusing a chemical test can result in automatic license suspension. Understanding these procedures and their implications with the help of a legal representative can greatly influence the outcome of your situation.

What Should I Do Immediately After a DWI Arrest?

Following a DWI arrest in Bentonville, taking immediate and informed steps can significantly affect the outcome. Firstly, remain calm and polite with the officers. After being released, document everything you remember about the arrest, including the timeline and interactions with law enforcement. Secure legal representation as soon as possible to understand your rights and options. A DUI/DWI attorney will provide guidance on how to proceed, potentially leading to favorable resolutions or reduced penalties. Additionally, discussing and addressing any potential issues related to your case promptly is essential.

Can I Challenge the Accuracy of Breathalyzer Tests?

Yes, the accuracy of breathalyzer tests can be challenged, which is often a key element in DWI defense strategies. Factors such as improper calibration of the device, the officer's failure to administer the test according to strict protocols, and even medical conditions that can affect the results are all potential arguments against the results. By meticulously analyzing the circumstances and evidence, your attorney can identify grounds to dispute the results' reliability, potentially impacting your case favorably.

We offer an affordable payment plan and a low down payment, and our Benton County DWI attorneys are ready to speak with you during a free visit. Contact us at (479) 235-4600 today.

    “Felony Case Dismissed!”
    “FELONY CASE DISMISSED! I was charged with Possession of a Firearm, Theft by Receiving and Possession of Drug Paraphernalia....The attorneys were able to prove my case to the Prosecutor and as a result all 3 charges were DISMISSED!!!!”
    - Jack
    “CHARGED WITH A DWI AND THEY GOT IT DROPPED!”
    “CHARGED WITH A DWI AND THEY GOT IT DROPPED! I was initially charged with a DWI and they got it dropped! Norwood & Norwood was great, they acted with great honesty and integrity.”
    - Mike
    “I would give 10 stars if I could!”
    “I would give 10 stars if I could! I met with Doug and he made me feel much better about my drug charge. I am so glad I hired him. Norwood got my drug charge dismissed and I couldn’t be more grateful.”
    - Maria

Contact Norwood & Norwood, P.A. Today!

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