When Is a DUI a Felony in Little Rock, Arkansas?

If you have multiple DUIs on your record, you may be wondering, “When is a DUI a felony in Little Rock, Arkansas?” In Arkansas, an arrest for driving while intoxicated is typically a misdemeanor charge that carries the possibility of fines, jail time, community service, and a suspended driver’s license. However, these penalties can vary greatly depending on the circumstances of the offense.

In some cases, Arkansas prosecutors may pursue felony charges against someone accused of a DWI. Felony charges can lead to serious criminal charges and a significant blemish on your criminal record, but you can fight those charges by hiring a criminal defense attorney.

Scenarios in Which a DWI Can Be Charged as a Felony

The two most common scenarios in which a DWI can be charged as a felony are when the driver is found to be guilty of multiple DWIs within a set period of time and when the drunk driver causes a fatality.

In Arkansas, a DWI charge becomes a felony when an individual has three prior DWI convictions and commits a fourth DWI within ten years of the first offense. The resulting felony comes with a one-year minimum prison sentence. The minimum sentence becomes two years if there is a passenger under 16 in the drunk driver’s vehicle. Any subsequent DWI also results in a felony charge.

If a driver under the influence of alcohol causes a fatal crash in Arkansas, they may be charged with felony negligent homicide. Prosecutors have the discretion to pursue misdemeanor or felony charges based on factors such as the driver’s record, blood alcohol level, and actions following the crash.

Legal Implications for Drivers Facing Their First or Second DWI Charge

When charging or sentencing a defendant, one of the top considerations any judge makes is whether the offense is the defendant’s first criminal charge or not. One mistake defendants sometimes make is accepting an unfavorable plea bargain agreement, thinking that they will never interact with the criminal justice system.

If you are facing your first or second DWI, you should seek legal representation to fight those charges. You may be eager to move on from the ordeal, but a criminal record can have consequences for your professional and personal life.

If you were to be charged with a crime later on, your criminal record could make it much harder to resolve your case on favorable terms. Arkansas’ DWI laws add additional penalties for repeat offenders. Even an unrelated criminal conviction could have implications for your current DWI charges.

How Can an Attorney Defend My Felony DWI Charge?

Having an attorney can greatly improve the outcome of your case. Your lawyer can review your case to see if the police violated your rights when pulling you over. A DWI lawyer can also look into whether the breathalyzer was properly maintained and calibrated.

The majority of criminal cases are resolved through plea bargaining. An experienced criminal defense attorney can work to resolve your case on favorable terms by negotiating a deal that reduces the penalties that you are facing.

Under a favorable plea bargain agreement, you may be able to have reduced penalties in return for an agreement to undergo probation, community service, and alcohol addiction treatments.

There are no guaranteed outcomes to any criminal law case, but defense attorneys bring years of experience in helping clients resolve their client’s cases while avoiding worst-case scenarios when it comes to sentencing.

FAQs

Q: What Makes a DWI a Felony in Arkansas?

A: A DWI can become a felony if someone is convicted of four DWIs within 10 years. In that scenario, the fourth DWI would be brought as a felony. If the drunk driver causes a fatal crash, that would also allow prosecutors to charge the defendant with a felony. As with any criminal charge, aggravating factors can raise the severity of the criminal charge.

Q: How Long Do You Go to Jail for a DWI in Arkansas?

A: If you are convicted of a DWI, your sentence could include varying levels of jail time. With the help of an experienced criminal defense attorney, you can reduce the penalties that you are facing.

Non-violent offenders who do not have extensive criminal records are often given the option of probation or other alternative forms of sentences that do not involve jail or prison sentences.

Q: What Happens Following a Second Offense DWI in Arkansas?

A: A second DWI conviction in Arkansas could result in a 24-month suspension of driving privileges. You may also be required to complete a state-approved Drug and Alcohol Education or treatment program.

The individual must also attend a Victim Impact Panel class and submit a completion certificate to Driver Control. They also need to have an ignition interlock device installed in their vehicle for the duration of their license suspension.

Q: What Should I Do When I Am Arrested for Driving While Intoxicated?

A: If you are arrested for a DWI or any crime, remain calm and polite when dealing with police. If you become belligerent or resist arrest, you could face additional criminal charges. The police may ask you questions in an attempt to trick you into self-incriminating yourself.

Anything you say can be used against you, so do not discuss anything related to the case with anyone. Contact an attorney as soon as possible and allow them to start negotiating on your behalf.

Schedule Your Felony DWI Consultation Today

A felony is a serious escalation from a misdemeanor charge. Anyone facing a DWI should take their criminal charge seriously. Not properly defending yourself against a criminal charge could mean that you have fewer options if you are charged with another crime at a later date.

The lawyers at Lemley Law Partners are here to protect your rights and explore every legal defense strategy possible so that you do not face the steepest penalties possible under the law. We have helped many clients resolve their cases with favorable outcomes, and we can do the same for you. Contact our office today to schedule your felony DWI consultation.