When you make the decision to drive while intoxicated (DWI), you are not just putting your own life at risk; you are also endangering the lives of everyone around you. You may not be totally in control of your own actions, and anything could happen. Making this decision can have severe consequences for your life. In particular, it will give you a criminal record that will follow you everywhere. If you are facing these allegations, a Little Rock DWI felony lawyer can mount a defense to reduce or eliminate your charges.
The legal team at Lemley Law Partners can develop a strong legal argument in your favor and fight the charges being made against you. The last thing you want is to end up with a criminal defense record, as it can negatively affect your job opportunities, housing options, social standing, and even personal relationships. You will want to make sure you do everything possible to advance the strongest defense, starting with hiring a good lawyer.
According to a comprehensive study from the Arkansas Highway Safety Office, there were 185 alcohol-related traffic fatalities in the state in 2021 alone. If you are struggling with alcohol problems and would like some help in dealing with them, you may want to reach out to one of the many alcohol-related support groups in the Little Rock area, such as The Haven Detox, True Self Recovery, or Cosmopolitan Group.
Under Arkansas state law, if you are pulled over on suspicion of drunk driving and have a blood alcohol content (BAC) of 0.08% or higher, you will be considered over the legal limit to drive, and you will be arrested for a DWI. At that point, your very next move should be to contact a Little Rock criminal defense lawyer, as they can start working on your defense strategy and give you advice on what to do next. The DWI laws and penalties of a felony DWI can be considerable.
When you are driving while intoxicated and hear sirens behind you, it is vital that you react calmly and rationally. You shouldn’t immediately drive off and lead the police in a high-speed pursuit. Not only would that be highly illegal and dangerous, but it would also only make things so much worse for you. Simply pull over to the shoulder and wait for the officer. They will ask for your license and possibly request a field sobriety test or a breathalyzer.
You can refuse a breathalyzer test, but not without consequences. Your license will likely be suspended. Throughout this entire process, don’t forget that you have certain constitutional rights that cannot be infringed upon. Remember that you are innocent until proven guilty, regardless of the crime you may have committed. Simply request your lawyer, and let them take control of your case once they arrive at the station to represent you.
In Arkansas, a DWI jumps from a misdemeanor to a felony if it is your fourth offense in 10 years. At that point, you are going to be facing felony charges. If convicted, you could be looking at one to six years in prison, a hefty potential fine, and a four-year revocation of your driver’s license. On a fifth offense, the sentence jumps to 10 years in prison. The DWI can also become a felony if your actions caused a severe accident that resulted in a serious injury or death.
A: In Arkansas, a DWI charge cannot be dismissed by either the prosecutor or the court. Your only choices are to plead guilty or go to trial. The only option for dismissal is to hire a defense lawyer in Little Rock, AR, and challenge the prosecution’s case against you. Your attorney might also find glaring procedural errors that resulted in a violation of your civil rights. It may be more beneficial to negotiate a plea bargain and work from there, depending on your situation.
A: In Arkansas, a DWI goes from a misdemeanor to a felony if:
Other situations may not lead to felony defense charges, but they can result in increased penalties. These scenarios include having a minor in the vehicle at the time or fleeing the scene of an accident. If you are charged with a felony DWI, you should reach out to a defense lawyer immediately.
A: While you don’t technically need to hire a lawyer for a DWI in Little Rock, AR, it is highly recommended that you do so anyway. Having someone on your side who understands the complexities of the law and can offer you consistent advice can be crucial for preserving your freedom. It can also be greatly beneficial to have a legal professional take control of your case. The last thing you want to be is unprepared.
A: A DWI will stay on your criminal record permanently in Arkansas unless it is expunged at some point. However, not every situation will be eligible for expungement. Additionally, a DWI charge will stay on your driving record for five years. For the purposes of deciding penalties, Arkansas has a lookback period of 10 years. Therefore, if you have a previous DWI in the past 10 years, it will contribute to the penalties you face for a new offense.
Felony DWI charges can be overwhelming and daunting, especially if you are facing them on your own without any legal assistance. You should consider reaching out to an experienced DWI lawyer who can put together a strong defense. They can work to lessen or even beat the charges against you.
Lemley Law Partners can figure out your next steps and build a strong strategy to handle this situation. Contact us to speak with an attorney about how we can help your case.