If you have been charged with Driving While Intoxicated (DWI) in the State of Arkansas, you are facing potential fines, jail time, community service, permanent damage to your record, loss of liability insurance and a loss of driving privileges. Prosecuting Attorneys and Police Officers will be trying to convince a Judge to assess driver’s license suspensions, heavy fines, court costs and jail sentences against you. You need the services of a well-qualified DWI defense lawyer.
It is possible for the right lawyer to successfully defend you against a DWI charge. Not all lawyers are qualified to defend against drunk driving charges. Mr. McDonald is that well-educated, properly trained, sufficiently experienced lawyer who is not afraid to assert a vigorous defense on your behalf.
If you have been arrested for a DWI, remember that everyone is presumed innocent until proven guilty. It is not against the law, under all circumstances, for an individual to drink and drive in the State of Arkansas. Further, just because a person is stopped by law enforcement personnel and arrested for driving under the influence does not mean that the person can be found guilty of DWI under Arkansas Law. A lawyer who is well educated, properly trained, sufficiently experienced and not afraid is necessary to present a proper defense. Mr. McDonald can defend you.
The State of Arkansas has the burden of proving beyond a reasonable doubt that a driver was intoxicated and was operating or in actual physical control of a vehicle or boat at the time. Certain tests, steps and procedures must be followed and properly administered by the arresting officer in order to establish guilt. If the arresting officer is not properly trained to administer those tests and procedures, you may have been wrongfully arrested for DWI. A lawyer who is well educated, properly trained, sufficiently experienced and not afraid is necessary to present a proper defense.
The U. S. Department of Transportation, through the National Highway Transportation Safety Administration, has identified three standard field sobriety tests that are designed to determine whether an individual is intoxicated. Some police officers in this state are well trained. Those officers know how to properly administer the standardized field sobriety tests and to identify and report those clues of intoxication observed during the administration of the tests. Many if not most officers are not so well trained.
A well-educated, properly trained and sufficiently experienced DWI defense lawyer will make a thorough investigation to discover the information which the police officer had at the time of the arrest in order to make an independent determination whether the facts will support a conviction. Moreover, that lawyer will design his defense to demonstrate the weakness of the state’s proof. Gary McDonald has investigated DWI cases for years and knows how to recognize details that will give you the best chance at your defense.
If you have been arrested for Driving While Intoxicated (DWI) in the State of Arkansas, depending upon your prior arrest history….
YOU COULD BE FACING:
Almost 100% of the people charged with Driving While Intoxicated who go to court without a lawyer are convicted, fined heavily, lose their driving privileges and also sentenced to jail. The State of Arkansas will normally have at least seven employees in the courtroom. None of those people will be on your side. Do not risk going to DWI Court without an attorney! You need a qualified and experienced lawyer like Gary McDonald to represent you.
Any person who pleads guilty or no contest to or is found guilty of violating the Arkansas DWI statute shall be fined:
(1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense;
(2) No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and
(3) No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third or subsequent offense occurring within five (5) years of the first offense.
A. Jail terms are determined by the history of the person who is found guilty.
(a) FIRST OFFENSE: Any person who pleads guilty or no contest or is found guilty of violating the DWI statute for a first offense, may be imprisoned for no less than twenty-four (24) hours and no more than one (1) year. However, if a passenger under sixteen (16) years of age was in the vehicle at the time of the offense, a person who pleads guilty or no contest to or is found guilty of violating the DWI statute, for a first offense, may be imprisoned for no fewer than seven (7) days and no more than one (1) year. In either case the court may order public service in lieu of jail.
(b) SUBSEQUENT OFFENSES: Any person who pleads guilty or no contest or is found guilty of violating the DWI statute or any other equivalent penal law of another state or foreign jurisdiction shall be imprisoned or shall be ordered to perform public service in lieu of jail as follows:
(1) SECOND OFFENSE: For no fewer than seven (7) days but no more than one (1) year for the second offense occurring within five (5) years of the first offense or no fewer than thirty (30) days of community service. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for no fewer than thirty (30) days but no more than one (1) year for the second offense occurring within five (5) years of the first offense or no fewer than sixty (60) days of community service.
(2) THIRD OFFENSE: For no fewer than ninety (90) days but no more than one (1) year for the third offense occurring within five (5) years of the first offense or no fewer than ninety (90) days of community service. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for no fewer than one hundred twenty days (120) days but no more than one (1) year for the third offense occurring within five (5) years of the first offense or no fewer than one hundred twenty (120) days of community service.
(3) FOURTH OFFENSE: For at least one (1) year but no more than six (6) years for the fourth offense occurring within five (5) years of the first offense or not less than one (1) year of community service and is guilty of a felony. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for at least two (2) years but no more than six (6) years for the fourth offense occurring within five (5) years of the first offense or not less than two (2) years of community service and is guilty of a felony.
(4) FIFTH OFFENSE: For at least two (2) years but no more than ten (10) years for the fifth or subsequent offense occurring within five (5) years of the first offense or not less than two (2) years of community service and is guilty of a felony. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for at least three (3) years but no more than ten (10) years for the fifth offense occurring within five (5) years of the first offense or not less than three (3) years of community service and is guilty of a felony.
A. In addition to fines and jail sentences, the Court is also required to impose court costs and require completion of an alcohol education program.
A. At the time of arrest for DWI, the arrested person will be required to surrender his or her driver’s license. The Office of Driver Services will suspend or revoke the driving privilege of the arrested person.
The suspension or revocation will be based on the number of previous offenses as follows:
(a) Six (6) months for DWI, first offense.
(b) Twenty-four (24) months for DWI, second offense.
(c) Thirty (30) months for DWI, third offense.
(d) Four (4) years for the fourth or subsequent offense of DWI.
In order to determine the number of previous offenses to consider when suspending or revoking the arrested person’s driving privileges, the Office of Driver Services will consider as a previous offense any of the following that occurred within the five (5) years immediately before the current offense:
(a) Any conviction for DWI that occurred in Arkansas or in another state;
(b) Any suspension or revocation of driving privileges for a DWI arrest when the person was not subsequently acquitted of the criminal charges; or
(c) Any conviction for an offense of operating a motorboat on the waters of this state while intoxicated or refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charges.