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DWI Defense Attorney in Bentonville, AR

A Respected Benton County Lawyer with Judge and Prosecutor Relationships

Bertucci Law Firm is a dedicated criminal defense firm with extensive experience fighting for defendants in court. We have handled thousands of cases and jury trials throughout our practice in the field, and Ramon is familiar with the local judges and prosecutors and, more importantly, the tactics they usually employ in court. Especially in the case of a DUI charge, you will need a competitive and experienced lawyer to champion your defense.

Call (479) 227-2716 or fill out this contact form to learn more about how Bertucci Law Firm can help.

What Constitutes Driving While Intoxicated in Arkansas?

Driving while intoxicated (DWI) is strictly prohibited under Arkansas law. In the context of DWI, “driving” refers to the operation or actual physical control over a vehicle (including all-terrain vehicles and motorboat), and “actual physical control” does not necessarily require a running engine or a vehicle in motion; the driver merely needs to possess the ability to exert control over the vehicle to be accused of being in actual physical control of the vehicle.

Also note that under this statute “intoxication” means the person has a blood alcohol concentration (BAC) of .08% or greater or the person’s reaction and motor skills are substantially altered due to the ingestion of alcohol, a controlled substance, or any other intoxicant.

What are the Penalties and Sentencing for a DWI ?

The jail time and fines a judge may impose depends on a variety of factors, such as how many prior DWI convictions a person has within the last 5 years, including DUI and DWI convictions from other states. A first, second, or third offense DWI is a misdemeanor and usually entails the following jail time, fines, and license suspension:

  • 1st offense: 24 hours to 1 year in jail; $150-$1,000 in fines; and at least 24 hours of community service
  • 2nd offense: 7 days to 1 year in jail; $400-$3,000 in fines; and at least 30 days of community service
  • 3rd offense: 90 days to 1 year in jail; $900-$5,000 in fines; and at least 90 days of community service

Driver’s license suspensions also depend on how many suspensions a driver has experienced in the past. For a first time suspension, the defendant could face 6 months of suspension. For a second suspension, they could face 24 months of license suspension, and upon a third offense, they could face 30 months of suspension.

In certain cases, a driver may request a restricted license during this suspension period, where they may receive limited driving privileges to commute to essential places like work and school. Depending on the circumstances, they may also be required to install an ignition interlock device (IID) during this period.

Implied Consent and Underage DWI

Like many other states, Arkansas implements implied consent laws that require all drivers lawfully arrested for DWI to submit to a chemical or breath test. Those who refuse testing may face similar revocation penalties and IID period as above.

Drivers under the age of 21 may be charged with an underage DWI if they have a BAC of .02%. Convicted drivers will be required to complete an alcohol education course and face the following penalties, depending on the number of prior convictions:

  • 1st offense: $100-$500 in fines; 90 days of license suspension
  • 2nd offense: at least 30 days of community service; $200-$1,000 in fines; 1 year of license suspension
  • 3rd offense: at least 60 days of community service; $500-$2,000 in fines; 3 years of license suspension or until they are 21 years old, whichever is longer

Benton County DWI Recovery Resources

There are several local entities in Bentonville, AR that may help with the recovery of DWI offenders. Here are some options:

  1. Alcoholics Anonymous (AA) - AA is a support group that helps individuals struggling with alcoholism achieve and maintain sobriety. There are several AA meetings held in Bentonville, and attending these meetings can be a great source of support for DWI offenders looking to recover from their addiction.

  2. Benton County Drug Court - The Benton County Drug Court is a court program that offers treatment and rehabilitation services to individuals who have been charged with drug or alcohol-related offenses, including DWI. The program includes regular drug and alcohol testing, counseling, and other support services to help individuals overcome their addiction and avoid future criminal behavior.

  3. Ozark Guidance - Ozark Guidance is a community mental health center that offers a variety of services, including substance abuse treatment, to residents of Bentonville and the surrounding areas. They offer individual and group counseling, medication management, and other support services to help individuals recover from addiction and improve their mental health.

  4. Northwest Arkansas Community Correction Center - The Northwest Arkansas Community Correction Center offers a range of programs and services to help individuals who have been convicted of a crime, including DWI, successfully transition back into society. They offer substance abuse treatment, vocational training, and other services designed to help individuals overcome their addiction and become productive members of society.

  5. Arkansas Department of Health - The Arkansas Department of Health offers a variety of resources and services related to substance abuse and addiction. They provide information on local treatment providers, support groups, and other resources that may be helpful for individuals seeking recovery from DWI or other alcohol-related offenses.

    Let Bertucci Law Firm Defend You Against a Charge

    If you have been accused of driving under the influence in Bentonville, Arkansas, do not hesitate to contact a lawyer immediately to handle your case. Depending on the circumstances of your case, you could face serious penalties that could impact your future driving privileges. A good lawyer like Ramon can build a strong defense against harsh accusations and fight for reduced or even dismissed charges.

    Schedule a free consultation with Bertucci Law Firm to learn more about how we can defend you in your DUI case. Call (479) 227-2716 or contact us online.

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