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Hot Springs DWI Lawyer
Hot Springs DWI Attorney
A DWI charge is a serious matter, and the penalties can be significant. While the first three offenses are treated as misdemeanors, they are still treated seriously. Even if you manage to avoid a jail sentence, the license suspension alone can create a number of significant challenges to maintaining a job. More significant felony charges can result in years in prison. To give yourself a formidable defense against these charges, it’s a good idea to work with a Hot Springs DWI lawyer.
At Lemley Law Partners, we have experience defending these charges and giving our clients a fighting chance, and we can protect your rights as you work through this trying time.
What Is a DWI in Hot Springs?
A DWI is charged when you are impaired in operating a vehicle because of alcohol or drugs. This does not mean that there is a requirement for the prosecution to have a chemical test of a certain level if they can show that intoxication was the cause behind an inability to properly operate the vehicle.
However, in most cases, there will be a blood alcohol concentration (BAC) test involved. Arkansas is an implied consent state, which means drivers cannot refuse a BAC test. The BAC levels that are considered a “per se” DWI, meaning that you are considered to be driving under the influence regardless of your ability to control the vehicle, are:
- A BAC of over 0.08% for any drivers over the age of 21
- A BAC of over 0.04% for anyone operating a commercial vehicle
- A BAC of over 0.02% for anyone under the age of 21
What are DWI Penalties in Hot Springs, AR?
The penalties for a DWI in Hot Springs and all of Arkansas are determined based on the previous number of DWI convictions a person has had within the last ten years. The first three offenses in a ten-year period are considered misdemeanors and can be punished with fines, a jail sentence, and license suspensions. The penalties are:
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1st Offense
- A fine of $150 to $1,000
- A jail term of one day to one year
- A license revocation of six months
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2nd Offense
- A fine of $400 to $3,000
- A jail term of seven days to one year
- A license revocation of 24 months
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3rd Offense
- A fine of $900 to $5,000
- A jail term of 90 days to one year
- A license revocation of 30 months
Any DWI offense that is a fourth or more within a ten-year period is charged as a felony, carrying much stiffer sentences and an automatic four-year revocation of the driver’s license. The penalties are:
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4th Offense
- A fine of $900 to $5,000
- A prison term of two to six years
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5th Offense
- A fine of $900 to $5,000
- A prison term of three to ten years
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6th Offense
- A fine of up to $15,000
- A prison term of five to twenty years
FAQs About Hot Springs, AR DWI Law
How Can You Defend Against DWI Charges?
Just what a defense against a DWI will look like depends on the particulars of your situation. Initially, it is possible to see if there may be some reason for the judge to throw the charges out and avoid a trial altogether. There may have been some kind of technical error on the part of the arresting officer that could nullify the charges.
In other cases, it’s possible to challenge whether the officer had any probable cause or reason to pull you over in the first place. Another possible line of defense may be challenging the quality of the evidence against you. There may have been some flaws in the handling of the chemical test. The key to the defense is giving the jury reasonable doubt regarding your guilt.
What Can a Defense Lawyer Do to Help With DWI Charges?
Because a DWI is treated as a criminal offense, you can benefit significantly from working with a Hot Springs criminal defense lawyer in defending against DWI charges. A criminal defense lawyer can help protect the rights you have to a fair trial and against self-incrimination.
They will also conduct a thorough investigation of the circumstances surrounding the charges against you. They do so while, in part, adopting the perspective of the prosecutor in order to prepare for how they will attempt to make their case. Before even going to trial, they may attempt to get the case dismissed, and they may also negotiate a plea deal if you’re interested. If the case goes to trial, they will represent you and argue your defense.
Will I Need to Get an Ignition Interlock Device if Convicted?
An ignition interlock device is a means of checking your BAC before you are able to operate a vehicle and can be required to be installed in some DWI offenders’ vehicles. In most misdemeanor cases, the need for an ignition interlock device will be up to the discretion of the judge. In felony cases, however, the installation of an ignition interlock device is mandatory following the period for which the license is revoked.
Can I Refuse to Take a Chemical Test?
As with most states, there is an implicit consent law on the books for the state of Arkansas. This means that by the act of driving on an Arkansas road, you are implicitly agreeing to a chemical test if requested. Refusal to do this is treated very seriously and results in a license suspension. You still may be charged with a DWI as well, and the refusal to take the test may be used against you in court.
Defend Against Your DWI With the Help of a Hot Springs DWI Attorney
DWIs are treated as criminal violations in Hot Springs and all of Arkansas. This means that the procedure will follow the criminal prosecution process, and your strongest chance of defending against the violations is by working with a criminal defense attorney.
At Lemley Law Partners, we understand how the prosecution is going to attempt to prosecute a DWI charge. After investigating your case, we can be prepared to offer a strong defense on your behalf. If you’re facing DWI charges in Hot Springs, contact us today.
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