Is a DWI a Felony in Arkansas?
In the state of Arkansas, driving while intoxicated (DWI) is considered a serious offense that can have severe consequences. However, the severity of the consequences depends on the specific circumstances of the offense and the individual’s prior criminal history. In this article, we will explore the answer to the question, "Is a DWI a felony in Arkansas?"
What is a DWI in Arkansas?
A DWI in Arkansas is defined as driving a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal blood alcohol concentration (BAC) limit in Arkansas is 0.08% for drivers 21 years and older. For drivers under the age of 21, the legal BAC limit is 0.02%. Additionally, Arkansas has implied consent laws, which mean that drivers who are pulled over on suspicion of DWI are required to submit to a breath or blood test to determine their BAC.
Is a DWI a Felony in Arkansas?
The answer to this question is no, a standard DWI is not a felony in Arkansas. According to Arkansas Code Annotated § 5-4-501, a person who commits a DWI is guilty of a misdemeanor offense punishable by:
• Up to one year in jail
• Fines of up to $1,000
• A 30-day license suspension
• A $200 fine
However, there are situations where a DWI can be charged as a felony. Felony DWI charges are typically reserved for repeat offenders or those who are involved in an accident resulting in serious injury or death.
Felony DWI Charges in Arkansas
Felony DWI charges in Arkansas are outlined in Arkansas Code Annotated § 5-4-502. A person can be charged with a felony DWI if they have a prior DWI conviction within the past 10 years and are arrested for a subsequent DWI. Additionally, felony DWI charges can be filed if the individual has a prior felony conviction.
Consequences of a Felony DWI Charge in Arkansas
If you are charged with a felony DWI in Arkansas, the consequences can be severe. A felony DWI conviction can result in:
• Up to five years in prison
• Fines of up to $5,000
• A mandatory 120-day license revocation
• Potential loss of driving privileges
Additional Consequences for Felony DWI
In addition to the consequences listed above, a felony DWI conviction can also result in:
• Increased insurance rates
• Loss of employment opportunities
• Difficulty in finding housing
• Social and emotional consequences for the individual and their family
Defending a DWI Charge in Arkansas
If you are arrested for a DWI in Arkansas, it is important to consult with an experienced criminal defense attorney. There are several defenses that can be raised in a DWI case, including:
• Challenging the validity of the arrest
• Questioning the reliability of the Breathalyzer test
• Arguing that the BAC test was not conducted properly
• Challenging the prosecution’s evidence
Conclusion
In conclusion, a standard DWI is not a felony in Arkansas. However, there are situations where a DWI can be charged as a felony. If you are charged with a DWI, it is important to understand the potential consequences and to seek the advice of an experienced criminal defense attorney. Remember, a DWI conviction can have long-lasting consequences for your driving privileges, employment, and personal life.
Table: DWI Consequences in Arkansas
| Offense | Jail Time | Fines | License Suspension | Other Consequences |
|---|---|---|---|---|
| Standard DWI | Up to 1 year | Up to $1,000 | 30-day suspension | $200 fine |
| Felony DWI | Up to 5 years | Up to $5,000 | Mandatory 120-day revocation | Potential loss of driving privileges |
Bullets: Important Points to Remember
• A standard DWI is not a felony in Arkansas.
• A DWI can be charged as a felony if you have a prior DWI conviction within the past 10 years or if you have a prior felony conviction.
• Felony DWI charges can result in up to 5 years in prison and a $5,000 fine.
• It is important to consult with an experienced criminal defense attorney if you are arrested for a DWI.
