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Being convicted of Driving While Intoxicated (DWI) in Arkansas results in harsh penalties. A Cabot DWI lawyer can help individuals charged with this offense protect their rights during the criminal process and, in many cases, can also help to avoid a conviction or lessen the consequences of one.

If you’ve been charged with a DWI in Cabot, Little Rock, or surrounding areas, contact a criminal defense lawyer from Kevin Lemley Law Partners. Call today to schedule a consultation with one of our AR lawyers.


When a driver is stopped and arrested on suspicion of driving while intoxicated by alcohol or drugs in Arkansas, the arresting officer will take their driver’s license and provide them with an Official Driver’s License Receipt. They will also receive an official notification that their driver’s license has been suspended.

They will be allowed to contest the license suspension by requesting a hearing within seven days. In the meantime, they can drive on the Driver’s License Receipt for 30 days while they resolve the matter. They can also request a hearing to determine if they are eligible for an interlock device and a restricted driver’s license.

It’s best practice to hire a criminal defense attorney as soon as you’re charged with a DWI so they can start working on your case.


DWIs in Arkansas have their own sets of penalties.

1st Offense

  • Jail time: minimum of 24 hours; maximum of 1 year
  • Fines: minimum of $150; maximum of $1,000
  • Classes: Alcohol education course and Victim Impact Panel
  • Driver’s license: DL suspension for 6 months; eligible for an interlock device

2nd Offense

  • Jail time: minimum of 7 days; maximum of 1 year
  • Fines: minimum of $400; maximum of $3,000
  • Classes: Alcohol education course and Victim Impact Panel
  • Driver’s license: DL suspension for 2 years; eligible for an interlock device

3rd Offense

  • Jail time: minimum of 90 days; maximum of 1 year
  • Fines: minimum of $900; maximum of $5,000
  • Classes: Alcohol education course and Victim Impact Panel
  • Driver’s license: DL suspension for 30 months; eligible for an interlock device

4th Offense — Felony

  • Jail time: minimum of 1 year; maximum of 6 years in prison
  • Fines: up to $10,000 
  • Classes: Alcohol education course and Victim Impact Panel

Driver’s license: DL revocation for 4 years


Some common defenses used in DWI cases include the following:

  • The defendant’s rights were violated during the traffic stop, arrest, or investigatory process
  • The breath test was inaccurate
  • The blood test or urine test was invalid
  • The police failed to provide you with the legally required forms
  • There was no proof that the defendant was driving
  • The defendant has physical conditions that caused them to fail the field sobriety tests or chemical tests
  • Rising blood alcohol content (BAC) defense

There are many reasons an officer would believe that a sober person was driving while intoxicated by alcohol or drugs. A DWI lawyer will listen carefully to how the entire scenario occurred to create a solid defense strategy.



A Cabot DWI attorney with experience in defending clients against DWI charges can perform several services to help their clients with their cases. This can include investigating the details of the stop and arrest in search of rights violations that can result in the case being dismissed.

However, this is not the only avenue to avoid the consequences of a DWI conviction.

If it is not possible to dismiss the case, the criminal defense lawyer will assist the client in developing a defense strategy to lessen the consequences of a conviction. This can include negotiating a plea deal with the deputy prosecuting attorney in which the defendant agrees to plead guilty and avoid a court battle in exchange for reduced charges or consequences.

If a plea bargain is not entered, the defendant’s lawyer can represent their case in court and present evidence and witness testimony in an attempt to prove that they are innocent of the charges.

A DWI lawyer can also assist their client by attending administrative hearings to obtain a restricted license or remove a license suspension after completing the court’s requirements, such as paying fines, attending alcohol education courses, or completing community service.


One mistake shouldn’t negatively affect the rest of your life. At Kevin Lemley Law Partners, our goal is to defend our clients and protect their rights. Charged with a DWI? Don’t hesitate to call our law firm.

Contact a Cabot criminal defense lawyer from Kevin Lemley Law Partners today to schedule a free case review.


Can I Be Charged With DWI When Operating a Boat?

Yes. You can be charged with DWI for any motorized vehicle, which includes boats. The definition even includes golf carts, lawnmowers, and recreational vehicles like side-by-sides. Operating any motorized vehicle while intoxicated can cause great harm and damage, which is why drinking and driving is illegal, even if you’re not operating a car.

Can I Refuse a Breath Test At a Traffic Stop?

Yes. And we recommend doing this if you are close to the legal limit. You will still get a charge for failure to submit to a chemical test, but that charge is not as severe as a DWI.

What is the Difference Between DWI–Alcohol and DWI–Drugs in Arkansas?

A DWI-drugs case is much easier to win. The police have to follow a separate protocol, and most officers have not received separate training. The blood alcohol content (BAC) level in Arkansas is .08%. Meanwhile, if drugs are detected in your system, and your driving abilities are altered, you can be charged with a DWI.

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