DWI Let a Personable & Dedicated Fighter Defend Your Rights

Bentonville DUI Attorney

A Respected 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?

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.

Penalties and Sentencing

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

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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