The holiday season in Arkansas is a time for celebration, family, and good cheer. Unfortunately, it can also be a period of increased DWI enforcement, with law enforcement agencies ramping up patrols and checkpoints to ensure road safety. If you find yourself facing a Driving While Intoxicated (DWI) arrest during this time, it's understandable to feel overwhelmed, anxious, and uncertain about your next steps. Please know that you're not alone, and there are crucial actions you can take to protect your rights and future.
Remain Calm and Cooperative, But Guard Your Words
If you are pulled over, the most important thing is to remain calm and cooperate with the officer's legitimate requests. Pull over safely, turn off your engine, and place your hands on the steering wheel. Be polite and respectful. However, remember that you have rights. You are not obligated to answer incriminating questions or perform field sobriety tests. While Arkansas has an "implied consent" law, meaning that by driving on state roads, you've implicitly agreed to chemical tests (breath, blood, or urine) if lawfully arrested for DWI, you still have the right to refuse. Be aware that refusing a chemical test can lead to an automatic driver's license suspension for a period, even if you are not ultimately convicted of DWI. It's a complex decision, and one best made with legal advice.
Know Your Rights and the Urgency of Action
Upon a DWI arrest in Arkansas, your driver's license will likely be immediately seized, and you'll be given an Official Driver's License Receipt, which allows you to drive temporarily for 30 days. This receipt also serves as notice of your administrative license suspension. Crucially, you have only seven calendar days from the date of your arrest to request an administrative hearing with the Department of Finance and Administration (DFA) to contest this suspension. Missing this deadline will result in an automatic license suspension. This administrative process is separate from your criminal court case.
Understand the Potential Consequences
A DWI conviction in Arkansas carries significant penalties, even for a first offense. These can include:
Jail time: Ranging from 24 hours to 1 year for a first offense, with increasing severity for subsequent offenses.
Fines: From $150 to $1,000 for a first offense, plus court costs.
License Suspension: A 6-month suspension for a first offense. Repeat offenses lead to much longer suspensions.
Additional Requirements: Mandatory attendance in drug and alcohol education or treatment programs, installation of an ignition interlock device (IID), and participation in a Victim Impact Panel.
Long-term impacts: Increased insurance rates, difficulty with employment, and a permanent criminal record, especially for felony DWI convictions.
The Importance of Legal Counsel
The legal landscape surrounding DWI in Arkansas is complex, and navigating it alone can be incredibly challenging. An experienced DWI defense attorney can:
Explain your rights and the legal process in detail.
Advise you on whether to submit to chemical testing or field sobriety tests.
Represent you at your administrative license suspension hearing, fighting to keep your driving privileges.
Investigate the details of your arrest to identify any procedural errors or violations of your rights.
Develop a strong defense strategy to challenge the charges against you.
Negotiate with prosecutors for reduced charges or alternative sentencing options.
Being arrested for DWI is a serious matter, but it doesn't mean your life is over. Taking immediate and decisive action by seeking legal counsel is the most important step you can take to protect your rights and future.
DUI/DWI Defense Attorney in North Little Rock
If you or a loved one has been arrested for DWI in Arkansas, especially during the holidays, don't delay. Our experienced team at Denson DWI & Drug Defense, PLLC is dedicated to providing knowledgeable and supportive legal representation. You can expect us to fight tirelessly to achieve the best possible outcome for your case.
Contact us at (501) 273-1748 today for a free consultation.