Lonoke County may be “dry,” but DWI laws still apply here. Seeing flashlights in your rearview mirror is always nerve-wracking, especially if the police accuse you of being intoxicated. Here are three tips to keep in mind if the police pull you over for a DWI in the Cabot area.
Many drivers don’t know this, but the law does not require you to do a field sobriety or roadside test. It’s in your best interest to refuse.. These tests are designed for you to fail, and many people fail even when they are perfectly sober.
Don’t mistakenly think that you can “prove” your sobriety by acing a roadside test. Field tests exist for one reason: for the cop to come up with evidence to arrest you..
A routine traffic stop starts with the police asking you several questions:
State law does not obligate you to answer any of these or other questions. Remain polite yet firm in your desire to stay silent after the police stop you. Reply with, “Officer. I do not wish to answer any questions. Am I free to go?”
As the driver, you do need to comply with the police’s request to see your driver’s license, insurance, and vehicle registration.
If you think refusing a breathalyzer will spare you legal trouble, think again. When you received your driver’s license, you agreed to the state’s implied consent law. This means that you agree to chemical testing if the police pull you over on suspicion of a DWI.
The state may also require you to:
You face these penalties regardless of what your BAC may have been if you had agreed to a breathalyzer.
Several laws govern legal blood alcohol content (BAC) levels in Arkansas.
A lower BAC doesn’t mean that police can’t arrest you. You can still face DWI charges if law enforcement observed you driving while impaired: such as swerving and weaving.
These laws apply to all motor vehicles, as well as boats.
DWI sentencing depends, in part, on how many prior convictions you have. According to ACA § 5-65-111, a first, second, or third DWI conviction within ten years is a misdemeanor. Fourth and subsequent convictions are felonies. A criminal record can make renting a home and finding a job difficult.
A felony record isn’t the only reason to fight a DWI charge. A conviction can cost you a lot of money over the next several years. On average, Arkansas residents see their car insurance rates increase 53% after a DWI conviction.
If you face driving while intoxicated charges, you need the skill and knowledge of an experienced DWI attorney. This is a complex, nuanced area of the law. Don’t attempt to represent yourself or simply hope for the best. Arkansas judges take these charges seriously. A conviction will impact you and your family for years to come.
We charge a flat fee for DWI cases, which you can learn during a free consultation.