If you already have multiple DUIs on your record, you might be asking, “When is a DUI a felony in Arkansas?” In Arkansas, a driving-while-intoxicated arrest is typically charged as a misdemeanor, carrying the possibility of fines, jail time, community service, and a suspended driver’s license. That said, the penalties can shift significantly depending on the circumstances of the offense.
In some cases, Arkansas prosecutors will pursue felony charges against someone accused of a DWI. A felony charge can lead to serious criminal charges and a lasting mark on your criminal record, but hiring a criminal defense attorney gives you a way to fight back.
Scenarios in Which a DWI Can Be Charged as a Felony
The two most common situations that turn a DWI into a felony are when a driver is found guilty of multiple DWIs within a set period and when a drunk driver causes a fatality.
In Arkansas, a DWI charge becomes a felony once an individual has three prior DWI convictions and picks up a fourth DWI within ten years of the first offense. That felony carries a one-year minimum prison sentence, which rises to two years if a passenger under 16 was in the vehicle at the time. Any DWI after that also results in a felony charge.
If a driver under the influence of alcohol causes a fatal crash in Arkansas, prosecutors may bring a charge of felony negligent homicide. They have discretion to pursue misdemeanor or felony charges depending on factors like the driver’s record, blood alcohol level, and actions taken after the crash.
Legal Implications for Drivers Facing Their First or Second DWI Charge
When charging or sentencing a defendant, one of the biggest factors a judge weighs is whether this is the person’s first criminal charge. Defendants sometimes make the mistake of accepting an unfavorable plea deal, assuming they’ll never encounter the criminal justice system again.
If you’re facing a first or second DWI, you should still seek legal representation to fight the charges. It’s understandable to want to move past the ordeal quickly, but a criminal record can affect both your career and personal life down the line.
If you’re ever charged with a crime later on, having a criminal record can make it much harder to resolve that case favorably. Arkansas’s DWI laws impose additional penalties on repeat offenders, and even an unrelated conviction could end up affecting your current DWI charge.
How Can an Attorney Defend My Felony DWI Charge?
Having an attorney on your side can significantly improve your case outcome. Your lawyer can examine whether police violated your rights during the traffic stop. A DWI lawyer can also check whether the breathalyzer used was properly maintained and calibrated.
Most criminal cases get resolved through plea bargaining. An experienced criminal defense attorney can negotiate on your behalf to reduce the penalties you’re facing.
Under a favorable plea agreement, you may be able to secure reduced penalties in exchange for agreeing to probation, community service, and alcohol addiction treatment.
No criminal case comes with a guaranteed outcome, but defense attorneys bring years of experience helping clients resolve their cases while steering clear of the worst-case sentencing scenarios.
FAQs
Q: What Makes a DWI a Felony in Arkansas? A: A DWI becomes a felony when someone is convicted of four DWIs within 10 years, in which case the fourth DWI is charged as a felony. A fatal crash caused by a drunk driver also gives prosecutors grounds to bring felony charges. As with any criminal charge, aggravating factors can increase the severity of the offense.
Q: How Long Do You Go to Jail for a DWI in Arkansas? A: A DWI conviction can carry varying amounts of jail time depending on the case. With help from an experienced criminal defense attorney, you may be able to reduce the penalties you’re facing.
Non-violent offenders without extensive criminal records are often given the option of probation or other alternative sentences that avoid jail or prison altogether.
Q: What Happens Following a Second Offense DWI in Arkansas? A: A second DWI conviction in Arkansas can result in a 24-month suspension of driving privileges. You may also need to complete a state-approved Drug and Alcohol Education or treatment program.
You’ll also be required to attend a Victim Impact Panel class and submit a completion certificate to Driver Control, plus have an ignition interlock device installed in your vehicle for the duration of the license suspension.
Q: What Should I Do When I Am Arrested for Driving While Intoxicated? A: If you’re arrested for a DWI or any crime, stay calm and polite with police. Becoming belligerent or resisting arrest can lead to additional criminal charges. Officers may ask questions designed to get you to incriminate yourself.
Anything you say can be used against you, so avoid discussing the case with anyone. Contact an attorney as soon as possible and let them begin negotiating on your behalf.
Schedule Your Felony DWI Consultation Today
A felony is a serious step up from a misdemeanor charge, and anyone facing a DWI should take it seriously. Failing to properly defend yourself now could leave you with fewer options if you’re charged with another crime down the road.
The lawyers at Lemley DWI & Criminal Defense Lawyers are here to protect your rights and explore every possible legal defense strategy so you don’t face the steepest penalties the law allows. We’ve 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.