DWI FAQ

Arrested for DWI or Drugs?

Call 501-603-9911

What is a DWI?

DWI is a two part law.  This means that you can be convicted under one of the following two sections of law.

1.    It is unlawful for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

2.    It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight-hundredths (0.08)

What does intoxicated mean?

Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians;

Does it matter that the drug was prescribed to me?

No, but it does matter what the drug is.  Many prescribed drugs are not schedule I-VI drugs and therefore, do not fall under the DWI statute. Controlled Substance is a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act.  This statute includes both legal and illegal drugs.  There is currently a debate as to whether a non-controlled substance is classified as an intoxicant.  Many police officers are arresting people for DWI when the person has taken their medication even when that medication is not a controlled substance.  We have had mixed results in Courts throughout Arkansas.  We have justifiably argued (with some sucess) that the statute is too vague as to the definition of "intoxicant".  The Courts that have disagreed did so based on the client's level of impairment.  Use caution and call one of our DWI attorneys for more information.

Can I get a DWI if I wasn’t driving?

Ironically there is no requirement for driving to get a driving while intoxicated charge. The law states you must be in actual physical control of the vehicle.  The Courts have determined that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove physical control by asking if you have been driving or by other circumstantial evidence.  The law has become very muddled with this element of the crime.  If you have a specific question you should contact our office so one of our DWI attorneys can determine if it applies to your case.

Can I get a DWI if I was not on public roadway?

There is no requirement that you operate the vehicle on a public roadway.  Many people have gotten DWI’s on private property.  This does, however, bring up a new issue of whether the police had the authority under Rule 3.1 or 2.2 to actually come into contact with you.  Call our office and speak with a DWI attorney to determine if your specific facts allow for a defense.

Is a four wheeler a motor vehicle?

A vehicle is defined as every vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wire but not operated upon rails.  This would include four wheelers, cars, trucks, electric wheel chairs, golf carts, etc...

Can my DWI be pled down to a careless driving?

Yes and No.  State law prohibits reducing a DWI.  You must go to trial or plead guilty.  Federal law does not have the same prohibition and in some instances you may be able to plea to a reduced charge.

What are the penalties for DWI?

Aside from the embarrassment, increased insurance premiums, and possible interference with employment and professional licensure, in State Court you can look forward to:

1st Offense

• 24 hours to 1 year in jail
• $150 up to $1,000 fine
• $300 Court Costs
• Alcohol education class
• DL suspension for 6 months if intoxicated by alcohol or drugs.

  2nd Offense

• 7 days up to 1 year in jail
• No less than $400 up to $3,000 fine
• $300 Court Costs
• Alcohol Education Course
• If your arrest was after July 31, 2009 you would be eligible for an interlock after 45 days.

3rd Offense

• 90 days up to 1 year in jail
• $900 up to $5,000 fine
• $300 Court Costs
• Alcohol Education
• If your arrest was after July 31, 2009 you would be eligible for an interlock after 45 days.

4th Offense - Felony

• 1 year up to 6 years in prison
• up to 10,000 fine
• $300 Court Costs
• Revocation of DL for 4 years
• Alcohol Education

There are certain enhancements that may apply to each individual case.  Call one of our DWI attorneys to discuss the facts of your case.

 

Can I get a work permit?

Yes and No.  Work permits used to be provided if certain conditions were met.  Now everyone charged with DWI may drive only if they have an interlock installed, provided the DWI is alcohol related.  If it was a DWI drug charge you would still be eligible for a work permit.

What if my blood alcohol concentration was over a .14%?

If your arrest was after July 31, 2009 it does not matter how high your BAC registered, you will only qualify for an interlock. If you were arrested prior to July 31, 2009 and you blew over a .14% you will not be able to get a work permit, but you may qualify for an interlock device.  The advantage of an interlock device is that you can drive anywhere at anytime.  The disadvantage is that it can be very embarrassing and has an initial setup cost and a monthly maintenance fee.  Some Judges will give harsher penalties for higher BACs.

What if I refused to take the test offered by the officer?

If you refused the test you will not be able to get a work permit, but you may be able to get an interlock device. The advantage of an interlock device is that you can drive anywhere at anytime.  The disadvantage is that it can be very embarrassing and has an initial setup cost and a monthly maintenance fee.  However, you will not be able to get an interlock if your offense involved drugs and you refused the officer’s request to take a test.

What is an interlock device?

An interlock device is a machine hooked to your ignition that prevents your car from starting if you have a detectable amount of alcohol on your breath.  There are many local providers and the price for installation and monthly maintenance vary.

What if I had drugs in my system, does that mean I am guilty?

No.  The State still must prove that you were impaired by the drugs.  Many people today have drugs in their system and function normally.  The presence of drugs and the inability to do as well as the officer expects on field tests does not mean you are impaired by the drugs.  However, many people are charged under these circumstances.  Sometimes the police will even do what is called a DRE exam.  It is a process in which the officer will look at your pupil size, take your blood pressure, check your temperature, etc... and then give his opinion about the kind of drug he believes you are impaired by.  These exams are not required under the law and there is no penalty for refusing to take them.  Many people still do not understand the complexity of these exams or problems that can occur during the evaluation.  Please call one of our DWI attorneys to explain the 12 step evaluation in full.