Is DWI a Felony in Arkansas?

When you choose to drive while intoxicated (DWI), you are putting countless lives in danger. Arkansas takes DWI charges very seriously, and it’s important that you retain experienced legal representation if it ever happens to you. The decision to drive drunk can have horrific consequences not just for you but also for anyone who is involved in an accident you may cause. You may wonder, “Is DWI a felony in Arkansas?” It depends largely on the circumstances.

The legal team at Lemley Law Partners understands how difficult it can be to fight a DWI charge. A DWI is one of the few charges that cannot be outright dismissed by either the prosecutor or the court. You can only plead guilty or risk a trial. If you end up losing your case and being convicted, you will have a criminal defense record that follows you for life. Your record can impact your social standing, job opportunities, and personal relationships.

Is DWI a Felony in Arkansas?

Yes, a DWI can be a felony in Arkansas, but only if it meets certain criteria. The only way a DWI goes from a misdemeanor to a felony in Arkansas is if said DWI is your fourth offense within 10 years of the first offense. If you are convicted of a fourth DWI, you will face felony charges, with a possible penalty of up to six years in prison, a substantial fine, and a four-year revocation of your driver’s license. If there are aggravating factors, you could face additional penalties as per Arkansas DWI Law.

Under Arkansas state law, if you are pulled over on suspicion of drunk driving and found to have a blood alcohol content (BAC) of 0.08% or higher, you will be considered too drunk to drive, and you will be arrested. From there, you should reach out to a DWI defense lawyer as soon as you can, as they can start building your defense strategy. The penalties can be considerable, especially if there are certain aggravating factors, like a minor in the vehicle or an accident you caused.

According to a study from the Arkansas Highway Safety Office, there were nearly 200 alcohol-related car accidents in Arkansas in 2021 alone that resulted in a fatality. If you find yourself dealing with alcohol problems and wish to seek help, you may want to reach out to one of the many support groups throughout the state, such as The Wolfe Street Foundation, True Self Recovery, or one of the many Arkansas-based chapters of Alcoholics Anonymous.

Getting Arrested for a DWI

Getting pulled over for a DWI can be one of the most humiliating experiences of your life. When the handcuffs go on your wrist, it can be a sobering moment that makes you feel like you’ve already lost. It’s vital to your case that you don’t lose hope, as you are always considered innocent until proven guilty, regardless of the crime. Make sure you exercise your constitutional rights, particularly your rights to remain silent and have legal counsel.

When you see the lights in your rearview mirror and hear the sirens, pull over quickly and smoothly. You may be aware that you’re drunk, and you know what’s going to happen. Don’t jerk the wheel back into traffic and take off. That will only make things much worse for you. Comply with the officer’s demands. You can refuse to take a breathalyzer, but not without severe repercussions. Your license will be suspended. Ask for a lawyer as soon as you are arrested.

FAQs

Q: Is a DWI in Arkansas a Felony?

A: A DWI in Arkansas has the potential to become a felony, depending on the circumstances of the case. If the DWI in question is your fourth offense in 10 years, it will be an automatic felony charge. This could land you in prison for six years and garner you a fine of $5,000. Additionally, you could lose your driver’s license for four years. For subsequent offenses, the penalties will increase.

Q: What Class of Felony Is a DWI in Arkansas?

A: In Arkansas, when a DWI charge warrants felony charges instead of misdemeanor charges, it is generally treated as an unclassified felony. That means it doesn’t have a particular designation, but it is treated as a felony, with felony-level prison time and fines attached to the charge. If your DWI resulted in a fatality, it will likely be seen as a Class B felony, which could result in a 20-year prison sentence and a $15,000 fine.

Q: How Long Is a DWI on Your Record in Arkansas?

A: In Arkansas, a DWI remains on your criminal record forever unless it is sealed by the court or you qualify for expungement. An expungement requires specific prerequisites and a certain process. Not every DWI case is going to qualify for expungement. It depends largely on the details of your case. The DWI will also stay on your driving record for at least five years.

Q: What Is the Difference Between a DUI and a DWI in Arkansas?

A: The primary difference between a DUI and a DWI in Arkansas is who can be charged with it. Generally, a DWI applies to any driver who is found to have a BAC that’s over the legal limit. A DUI (driving under the influence) applies only to underage drivers in Arkansas who are found to have a BAC level between 0.02% and 0.079%. If the underage driver has a BAC content of 0.08% or higher, they will be charged with a DWI, not a DUI.

Reach Out to a DWI Lawyer Today

A DWI can only become a felony if you are a repeat offender or your actions cause someone to die. Other than that, there’s a good chance you are looking at misdemeanor charges. Either way, it is vital to your case that you seek out solid legal representation to develop a sound legal strategy.

Lemley Law Partners understands what’s at stake for you. We can prepare your defense, gather the right evidence, and make sure your interests are always protected. Contact us to speak to our team about what we can do for you