DWI / DUI

DWI Lawyer in Bentonville

Fighting for Your Rights, Freedom & Driving Privileges in Arkansas

If you've been charged with drunk driving in Arkansas, don't hesitate to seek effective legal representation. To reduce the risk of having your license suspended or facing more serious consequences, you need a reputable DWI lawyer by your side immediately. Nelson & Marks PLLC has helped countless clients in the Bentonville area and throughout Northwest Arkansas with their DWI cases. You can trust our team to help you, too.

Can You Refuse to Take a Breathalyzer Test in Arkansas?

You can refuse to take a breathalyzer test. However, refusing to take the test implies that you may be hiding something and will lead to different consequences. Although you have the "right" to refuse a test, it may constitute the separate violation of "Refusal." The results of a portable breathalyzer test are not even admissible in court due to the technology's inherent unreliability. Arkansas has an "implied consent" law that states that if you drive, you have "impliedly consented" to take a breathalyzer or another chemical test such as blood, or urine.

 Although an officer cannot physically force you to take a breathalyzer or other chemical test (except with a search warrant issued by a judge), you will be charged with a Refusal to Submit to a Chemical Test if you refuse to take such a test. If you want to know if you should refuse the test or not, you must evaluate your own personal consequences, typically relating to the associated drivers license suspension that will likely result, if you take the test or if you refuse.

Call (479) 202-4541 today to schedule a consultation with a renowned Bentonville DUI lawyers. You can meet with us in a free consultation.

DUI vs. DWI in Arkansas: What You Need to Know

In Arkansas, DWI refers to an adult who has a BAC greater than 0.08. A DUI, on the other hand, refers to an underage (younger than 21) driver with a BAC between 0.02 and 0.08. For someone’s first DWI, their license will be suspended for 6 months. For each subsequent DWI in a 5-year period, that suspension increases. If you have received a fourth DWI within a five year time span, your license will be revoked permanently.

When Does a DWI Become a Felony in Arkansas?

In Arkansas, 4 or more DWIs is considered a felony. If you are convicted of a felony DUI, you are facing a four-year license revocation (with no possibility of a restricted license) and the possibility of spending years behind bars.

Nelson & Marks PLLC is Committed to Your Success

Our team has extensive experience working as both a prosecutor and a defense lawyer dealing with DWI/DUI cases.

When you reach out to Nelson & Marks PLLC, we will:

  • Collect video evidence
  • Investigate the validity of your traffic stop
  • Check on the current status of your license
  • Strive for Charge Reduction or Dismissal

We have established strong professional relationships with many different prosecutors in the area, as well as with many of the local judges. They are well aware of our reputation and our long track record of success. Using a wide variety of innovative case strategies, We work relentlessly to preserve our clients’ driving privileges and reduce the impact of their DWI charges. We can help you, too.

Protect Your Future with Experienced DWI Defense Lawyers

Facing a DWI charge can be a stressful and overwhelming experience, but you don't have to navigate it alone. At Nelson & Marks PLLC, our dedicated DWI defense lawyers have the knowledge and experience to fight for your rights, freedom, and driving privileges in Arkansas. We understand the complexities of DWI laws and will work tirelessly to achieve the best possible outcome for your case.

When you choose us for your DWI defense, you can expect:

  • Personalized legal strategies tailored to your unique situation
  • Aggressive representation in and out of the courtroom
  • Thorough investigation of the circumstances surrounding your DWI arrest
  • Clear communication and guidance throughout the legal process
  • A commitment to achieving the best possible results for your case

Don't risk your future by facing a DWI charge without experienced legal representation. Contact Nelson & Marks PLLC today to schedule a consultation and learn how we can help protect your rights and defend your future.

 

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • No Charges Filed Possession of Controlled Substance, Possession of Drug Paraphernalia
  • Client Found Not Guilty DWI
  • Not Guilty of all Charges at Trial DWI - Second Offense, Open Container, No Tag Light
  • Dismissed Domestic Assault Third Degree
  • Dismissed Felony Drugs
  • Case Dismissed Speeding with CDL

What is the Penalty for a DWI Conviction in Arkansas?

The penalties for a DWI in Arkansas are a license revocation or suspension and also the following:

  • First offense: punishable by up to 1 year in prison and up to $1,000 in fines. Instead of of a prison sentence the court may order 30 days of community service.

What is the Penalty for a Second DWI Conviction in Arkansas?

Second offense within 5 years after first offense: punishable by up to 1 year in prison and up to $3,000 in fines. Instead of a prison sentence the court may order 60 days of community service.

What is the Penalty for a Third DWI Conviction in Arkansas?

  • Third offense within 5 years after first offense: up to 1 year in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 90 days of community service.

What is the Penalty for a Fourth DWI Conviction in Arkansas?

Fourth offense within 5 years after first offense: a felony punishable by up to 6 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 1 year of community service.

What is the Penalty for a Fifth DWI Conviction in Arkansas?

Fifth offense within 5 years after first offense: a felony punishable by up to 10 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 2 years of community service.

You will also face tougher penalties if your DWI lead to severe injuries or death.

Why Should You Choose Us?

  • We are deeply familiar with all aspects of Arkansas DWI laws.
  • Our firm can proficiently navigate you through the criminal proceedings as we help you make well-informed decisions about the future.
  • We will ensure you are aware of all the long- and short-term consequences of your choices
  • We have the skills set and experience required to help you fight these serious charges.

Contact Nelson & Marks PLLC now at (479) 202-4541 to speak with a Bentonville DWI lawyer about your case. We are more than happy to answer your questions and address your concerns.

 

  • 24/7 Access
  • Excellent Local Reputation
  • Flexible Payment Plans
  • Former Prosecutors
  • Personal Access and Care
  • Client-Rated 5 Stars
  • Genuine Compassion and Support
  • Skilled & Seasoned Trial Attorney

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