Arkansas DWI 2nd Offense – All You Need to Know

When you make the conscious decision to drive while intoxicated (DWI), you are potentially putting many lives in danger, including your own. The Arkansas court system takes DWI charges very seriously, and you could find your life irreparably changed due to your own actions. The penalties you face for DWI charges will depend entirely on the nature of your case and whether this is your first offense. Understanding the penalties for an Arkansas DWI 2nd offense can help you know what will come.

The legal team at Lemley Law Partners can defend your case when you are dealing with DWI charges. It is vital to the success of your case that you hire an experienced DWI lawyer to represent you during this difficult time. After all, the last thing you want is to be unprepared and go up against a seasoned prosecutor by yourself. If you lose, you’ll end up with a criminal record that will follow you forever, affecting your social standing and job opportunities.

Second-Offense DWI Charges in Arkansas

The first, second, and third offenses for driving while intoxicated in Arkansas are all treated as misdemeanors, though the penalties increase with each offense. It doesn’t become a felony defense case until your fourth offense in 10 years, and subsequent offenses will see the penalties increase yet again. For a second-offense DWI within 10 years of the first, you may be looking at penalties such as a jail sentence of up to one year, a substantial fine, and a suspension of your license for 24 months. In some cases, you may be able to expunge a DWI, but eligibility is strict.

In Arkansas, any driver who is pulled over for a suspected DWI and found to have a blood alcohol content (BAC) level of 0.08% or higher will be arrested for driving while intoxicated. When that happens to you, your first move should be to reach out to an experienced DWI defense lawyer. They can build a solid defense strategy and possibly get you out of these charges or, at least, get them reduced. The penalties of a conviction could be considerable.

In a recent study by the Arkansas Highway Safety Office, it was learned that there were nearly 200 car accident fatalities in Arkansas in 2021 that were the direct cause of alcohol consumption. If you ever find yourself struggling with alcohol problems, you may want to consider reaching out to a support group for assistance. In Arkansas, there are True Self Recovery, The Wolfe Street Foundation, and many more offering help.

Getting Arrested for a DWI in Arkansas

When you are pulled over for a suspected DWI, it is vital that you keep calm and comply with the arresting officer. If you try to evade the police and take off on a high-speed pursuit, you are only going to make things much worse for yourself. It can feel quite defeating to be arrested, especially for driving while intoxicated. It’s important that you don’t lose hope, continue to ask for a lawyer, and exercise your constitutional rights, specifically your right to remain silent.

Always keep in mind that you are innocent until proven guilty, regardless of the charges against you. When you are arrested, there may not be as much evidence against you as you’ve been led to believe. There may have been procedural errors or a lack of probable cause. It is important that you say nothing to the police, even if you are fully aware that you’re intoxicated. Just ask for your lawyer, and let them speak for you when they arrive.

FAQs

Q: What Happens When You Get a Second DWI in Arkansas?

A: If you are charged with a second DWI within 10 years of your first DWI in Arkansas, you could face a significant increase in penalties from a first offense DWI. The penalties for a second DWI include jail time of up to one year, a fine of up to $3,000, a suspension of your driver’s license for 24 months, and the installation of an ignition interlock device in your car.

Q: How Many DWIs Are a Felony in Arkansas?

A: In Arkansas, a DWI charge leaps from a misdemeanor to a felony if it is your fourth offense within 10 years of the first offense. The first three offenses are considered misdemeanors, but they could still carry significant penalties. Once it becomes a felony, you could be looking at six years in prison, a hefty fine, and the loss of your driver’s license for quite some time. The penalties will increase for fifth and sixth offenses as well.

Q: Can a DWI Be Dismissed in Arkansas?

A: No, there is no way that a DWI charge can be dismissed in Arkansas. Neither the prosecutor nor the court has the power to completely dismiss a DWI charge. Your only options are to plead guilty or risk a courtroom trial. This is why it is so important to hire an experienced criminal defense lawyer for your case. The last thing you want is to end up unprepared while facing the prosecution on your own.

Q: How Can a Lawyer Help My DWI Case in Arkansas?

A: There are many ways that a lawyer can help with your DWI case in Arkansas. First, your lawyer can consistently advocate for your innocence. They can identify glaring weaknesses in the prosecution’s case against you. They can also build a strong defense against your charges and work to keep you from being taken advantage of. You are going to want a seasoned professional controlling your case.

Contact an Experienced DWI Lawyer Today

Whether your DWI is your first, second, third, or fourth offense, you are going to want to hire the right defense lawyer to mount a strong defense. Depending on how many offenses you have, you could be looking at serious penalties. A good lawyer can get those penalties reduced or even dismissed by winning your case.

The legal team at Lemley Law Partners can provide you with a comprehensive and steadfast defense for your case. Contact us to set up a consultation today.