First Conviction:
Second Conviction Within Five Years:
Third Conviction Within Five Years:
In a jurisdiction like Benton County it is particularly important to hire an experienced DWI attorney, especially if there are aggravating circumstances such as property damage or injuries. For a DWI charge there is no chance that the prosecutor will drop your case. In fact, Arkansas law specifically prohibits a judge from reducing a DWI to a lesser charge. For counsel on your specific circumstances, contact us today.
In the State of Arkansas, when a driver is arrested for driving under the influence, there will be two cases brought against the driver: a criminal case and an administrative hearing.
The administrative hearing deals with the driver’s license, ability to drive and license suspension. The administrative hearing is the first case that a driver charged with DUI will need to defend themselves against. Retaining an experienced DUI defense lawyer is very important to defend your ability to drive. In Arkansas, a law enforcement officer must seize the driver’s license of any person arrested for DWI or DUI. The officer will then issue a temporary driver’s license, which is only valid for 30 days. The driver has 7 days to contest the suspension of their driving privileges. Therefore, it is critical that you speak with a qualified DUI defense attorney as soon as you are released from police custody.
The criminal case for driving under the influence will determine whether the driver is innocent or guilty of the criminal charges. If the driver is found guilty, the court will determine which punishments to impose.
Please call us at (479) 372-1777 if you cannot find an answer to your question.
If you have been charged with DUI or DWI you need to contact our office immediately for a free consultation. Whether you yourself have been arrested for a DUI or you’re helping a loved one or friend who is in this situation, it is extremely important to access as much legal information and counsel as possible at this time. Fully understanding your legal rights and how to successfully prepare your defense against a DUI is best accomplished by hiring an experienced DUI attorney. At Lucas Law Firm we are familiar with the common lapses that take place in arrest procedures, as well as breath and chemical testing errors that all too often take place.
One of the most common questions individuals facing a DUI criminal case ask is, “Can I still drive to work?” In Arkansas, the answer to that question is “it depends.” If the driver is under the legal age of consuming alcohol, then the seized driver’s license is instantly and automatically suspended for 90 days on a first offense, 1 year on a second offense, and 3 years on a third offense (or until age 21, whichever is longer). If the driver is over the legal age for alcohol consumption, you should speak with an attorney as soon as possible to protect your ability to drive and represent you at the administrative hearing. An experienced DUI defense attorney will fight for your ability to obtain a temporary driving permit while your criminal case is pending.
In addition to investigating your case from the bottom up and helping you navigate the legal system, a lawyer can raise several defenses on your behalf depending on the facts of your case. Your lawyer is permitted to cross-examine the arresting law enforcement officer, the breath test machine technician, machine calibration technicians, lab technicians, and any other witnesses that may help your defense strategy. One additional advantage to retaining an attorney is the ability to subpoena all of the legal evidence and documents that the prosecutor may use against you at a criminal trial.
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