Bentonville DUI Lawyer
Experienced DUI Defense Attorney Serving Benton County, AR
After an arrest for suspicion of DWI, the officer will request a chemical test to determine the level of intoxicants (alcohol or drugs) in a person's system. A Statement of Rights form must first be read to the suspect, where they are advised of their right to refuse the chemical test, though refusal is an additional charge.
Should the suspect consent to a test of their blood, breath, urine, or saliva they have the right to get a second test of their own choosing at their own expense, and if they choose to do so law enforcement must assist them in obtaining it. Chemical tests are required to be performed following a very specific set of rules and regulations.
Failure to properly obtain the sample or help the suspect obtain a second test at their request can lead to the results of the test being excluded as evidence against the suspect. THIS IS HUGE! Qualified Bentonville DUI lawyers know there are a LOT of ways advisement of rights or a chemical test can be done wrong, and therefore not be introduced as evidence of intoxication against the suspect.
Be sure to ask your attorney a lot of questions regarding this area of your case, as this has been a "make it or break it" area for many people faced with DWI arrest.
To speak with our experienced Bentonville DUI lawyers, give us a call at (479) 777-0640 or contact us online today.
Understanding the Consequences of a DWI Charge
Facing a DWI charge can be an overwhelming experience, and understanding the potential consequences is crucial for making informed decisions. A DWI conviction can lead to serious implications, including hefty fines, mandatory alcohol education programs, and even jail time. Furthermore, a DWI can affect your employment opportunities and personal relationships.
Here are some potential consequences of a DWI conviction in Arkansas:
- Fines and Court Costs: DWI convictions can result in significant financial penalties, which may increase with repeat offenses.
- License Suspension: In addition to immediate suspension, repeat offenses can lead to longer suspension periods and additional restrictions.
- Insurance Implications: A DWI can lead to increased insurance premiums or difficulty obtaining coverage.
- Criminal Record: A DWI conviction will remain on your record, impacting future opportunities.
- Alcohol Treatment Programs: Courts may mandate participation in treatment programs, which can be both time-consuming and costly.
It's essential to have a knowledgeable attorney by your side to navigate the complexities of DWI charges and work towards the best possible outcome. At Cody W. Dowden, Attorney at Law, we are committed to providing you with the guidance and support you need during this challenging time. Contact us today to discuss your case and explore your options.
Is Your License Suspended Immediately After a DUI?
A person arrested for DUI will have their license confiscated at the time of arrest. Upon release from jail they will be given a form that can be used as a license for a period of 30 days following arrest. Beginning 30 days after the date of arrest a person's license is suspended and they are not allowed to drive a motor vehicle without a restricted license and an interlock device (also known as the "blow and go").
Driving a vehicle when your license is suspended for DWI, carries with it a mandatory sentence of no less than 10 days nor more than 90 days in jail!
Understanding the DWI Legal Process in Arkansas
Navigating the legal landscape after a DWI charge can be daunting, but understanding the process can empower you to make informed decisions. At Cody W. Dowden, Attorney at Law, we believe that knowledge is your best defense. Here’s a brief overview of what to expect:
- Initial Consultation: It's crucial to discuss your case with an experienced attorney as soon as possible. During this meeting, we will evaluate the details of your case, explain your rights, and outline potential defenses.
- Pre-Trial Motions: Depending on the specifics of your case, we may file pre-trial motions to challenge evidence or dismiss charges. This step is vital for building a strong defense.
- Negotiation: Often, we can negotiate with the prosecution to reduce charges or penalties. Our goal is to achieve the best possible outcome for you.
- Trial: If a fair resolution cannot be reached, we will prepare to take your case to trial. Our team will work diligently to present your case effectively and advocate for your rights.
Each case is unique, and the timeline can vary based on numerous factors. However, with our dedicated team by your side, you can feel confident navigating this challenging time.
Contact us today for a free consultation to discuss how we can help you through the DWI legal process.
How Long Is Your License Suspended for a DWI in Arkansas?
You are now REQUIRED to have an interlock device installed in a vehicle for a period of 6 months before you can get your license reinstated. While you are eligible to get your license reinstated after the 6 month suspension, it will never happen unless you have had an interlock device on a vehicle for a total of 6 months.
Additionally, you have to complete an alcohol education course (through a provider specific to your court) and the Mothers Against Drunk Driving (MADD) victim impact class. Finally, a $150 reinstatement fee has to be paid to Driver Control.
How Long Does a DWI Stay on Your Record in Arkansas?
Generally, if you’re convicted for a DUI or DWI in Arkansas, it will stay on your record forever. There’s no provision for sealing or wiping of the record after any length of time.
A DWI will stay on your record in Arkansas for 5 years after commission of the offence for the purpose of computing the seriousness of the charge and the sentence that can be imposed, this means that if you received another DWI within five years of the previous DWI it will count as a subsequent DWI.
How Do You Get a DUI off Your Record in Arkansas?
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You can get a DWI or DUI expunged in Arkansas. You can petition the court of your conviction for an expungement of your Arkansas DWI (felony or misdemeanor). The judge may not deny your petition for expungement unless there is "clear and convincing evidence" that the expungement should not be granted.
Keep in mind that you must wait until five (5) years from the completion of your sentence for your DWI before you can petition to expunge and seal your Arkansas conviction.
To speak with our experienced Bentonville DUI lawyers, give us a call at (479) 777-0640 or contact us online today.
Over the years, Cody W. Dowden has represented thousands of clients. He provides honest and straightforward representation to ensure that he works towards the best outcome in your case. Call (479) 777-0640 to learn more.
The Traffic Stop: Probable Cause
What Is Probable Cause in Arkansas?
Generally speaking, law enforcement is required to have probable cause to make a traffic stop (some exceptions exist). Initial stops for DUIs or DWIs often include crossing the center line, failure to signal, speeding, equipment violations (brake or license plate lights not working), etc.
There are many defenses for a traffic stop. If a traffic stop is deemed unconstitutional, the charge will often go away, so knowing what is legal and what is not is very important at this stage.
Initial Observations & Questions
Upon making contact with the driver of a vehicle, officers make observations about the driver that they later use to justify further investigations. The observations will also be documented in their arrest report to support a finding of intoxication.
Observations That Are Commonly Cited in Reports Include:
- Bloodshot, watery eyes
- Slurred speech
- Odor of alcohol
- "Fumbling" with requested documents (like insurance, driver's license, and registration)
- Trouble answering questions
Officers often ask directly if a driver has been drinking and if so, how much. Contrary to popular belief, these questions DO NOT require the driver be read their Miranda rights. Depending on the observations made and the answers to the questions asked, a DWI or DUI investigation is sure to follow.
Standardized Field Sobriety Tests
Standardized Field Sobriety Tests (SFSTs) are tests designed by the National Highway Traffic Safety Administration (NHTSA) for the detection of drivers likely to blow over .08. These tests are designed to be given a very specific way, the same way, every time (hence "standardized"). This is often an area of weakness for officers!
Remember, these tests are supposed to indicate the likelihood that a person will blow over .08 blood alcohol. They were not designed to be evidence that a person is "drunk."
What Are the Three Standardized Field Sobriety Tests?
- Horizontal Gaze Nystagmus Test: Nystagmus is the involuntary jerking of the eye that is caused by many things, including alcohol. The test is supposed to be given with a specific number of passes to check for clues in each eye. The total number of clues possible is 6, with a "failing" score being 4 or more clues observed. Sometimes officers also check for vertical nystagmus, which may be present if the person has had a relatively high amount of alcohol for their body.
- Walk and Turn Test: Also known as the "walk the line" test, this is a test consisting of 9 heel-to-toe steps, followed by a turn consisting of small steps, and 9 heel-to-toe steps back. There are 8 possible clues, with 2 or more clues observed deemed a "fail."
- One Leg Stand: This test requires the person to stand on one foot with the other foot lifted approximately 6 inches off the ground with the toe pointed forward for approximately 30 seconds. There are 4 observable clues, with 2 or more clues observed deemed a "fail."
These tests are taught through a multi-day program, generally to newer officers. I have attended the same program officers attend and can tell you from experience there is a lot to remember and a lot can go wrong. As such, officers tend to get very lax over time or just plain forget what to do and how to do it.
Statement of Rights & Blood Alcohol Test(s)
After an arrest for suspicion of DWI, the officer will request a chemical test to determine the level of intoxicants (alcohol or drugs) in a person's system. A Statement of Rights form must first be read to the suspect, where they are advised of their right to refuse the chemical test, though refusal is an additional charge.
Should the suspect consent to a test of their blood, breath, urine, or saliva they have the right to get a second test of their own choosing at their own expense, and if they choose to do so law enforcement must assist them in obtaining it. Chemical tests are required to be performed following a very specific set of rules and regulations.
Failure to properly obtain the sample or help the suspect obtain a second test at their request can lead to the results of the test being excluded as evidence against the suspect. THIS IS HUGE! Qualified Bentonville DUI lawyers know there are a LOT of ways advisement of rights or a chemical test can be done wrong, and therefore not be introduced as evidence of intoxication against the suspect.
Be sure to ask your attorney a lot of questions regarding this area of your case, as this has been a "make it or break it" area for many people faced with DWI arrest.
Is Your License Suspended Immediately After a DUI?
A person arrested for DUI will have their license confiscated at the time of arrest. Upon release from jail they will be given a form that can be used as a license for a period of 30 days following arrest. Beginning 30 days after the date of arrest a person's license is suspended and they are not allowed to drive a motor vehicle without a restricted license and an interlock device (also known as the "blow and go").
Driving a vehicle when your license is suspended for DWI, carries with it a mandatory sentence of no less than 10 days nor more than 90 days in jail!
How Long Is Your License Suspended for a DWI in Arkansas?
You are now REQUIRED to have an interlock device installed in a vehicle for a period of 6 months before you can get your license reinstated. While you are eligible to get your license reinstated after the 6 month suspension, it will never happen unless you have had an interlock device on a vehicle for a total of 6 months.
Additionally, you have to complete an alcohol education course (through a provider specific to your court) and the Mothers Against Drunk Driving (MADD) victim impact class. Finally, a $150 reinstatement fee has to be paid to Driver Control.
How Long Does a DWI Stay on Your Record in Arkansas?
Generally, if you’re convicted for a DUI or DWI in Arkansas, it will stay on your record forever. There’s no provision for sealing or wiping of the record after any length of time.
A DWI will stay on your record in Arkansas for 5 years after commission of the offence for the purpose of computing the seriousness of the charge and the sentence that can be imposed, this means that if you received another DWI within five years of the previous DWI it will count as a subsequent DWI.
How Do You Get a DUI off Your Record in Arkansas?
You can get a DWI or DUI expunged in Arkansas. You can petition the court of your conviction for an expungement of your Arkansas DWI (felony or misdemeanor). The judge may not deny your petition for expungement unless there is "clear and convincing evidence" that the expungement should not be granted.
Keep in mind that you must wait until five (5) years from the completion of your sentence for your DWI before you can petition to expunge and seal your Arkansas conviction.
To speak with our experienced Bentonville DUI lawyers, give us a call at (479) 777-0640 or contact us online today.
Reasons to Choose Cody W. Dowden
The Right Choice for Your Defense-
100% Focus on Criminal Law
Unlike other firms that handle every type of case in the book, I focus exclusively on criminal law. I live and breathe it. You can trust in my focus.
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When You Hire Me, You Get Me
You won't be passed off to another lawyer or spend all of your time talking to a paralegal. I am your attorney. I'll be there every step of the way.
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Accessible Legal Defense
Life is busy and it can be hard to take the time you need to meet with your attorney. That's why I offer phone appointments for your convenience.
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Affordable Fees & Payment Plans
Protecting your legal rights shouldn't take every penny in your bank account. That's why I offer reasonable fees and payment plans.
Contact Cody W. Dowden Today
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