A DWI arrest can affect your license, your job and your record all at once. I represent people charged with DWI in Jonesboro and across Northeast Arkansas, and I’ll explain both the criminal case and the separate license issues.

What the State Has to Prove

Under A.C.A. § 5-65-103, it is unlawful to operate or be in actual physical control of a motor vehicle while intoxicated, or while having an alcohol concentration of 0.08 or more. “Intoxicated” can include impairment from alcohol, drugs or other substances, not only alcohol. Lower limits apply to commercial drivers and to drivers under 21.

Two Tracks: The Criminal Case and Your License

A DWI usually creates two separate problems:

The criminal charge, handled in court. Penalties increase with prior offenses. For a first offense, the law allows jail from 24 hours up to one year, along with fines, fees and required classes (A.C.A. § 5-65-111). Later offenses carry higher minimums, and a fourth or later offense within the look-back period is a felony.
Your driver’s license, handled administratively. Suspension rules are separate from the criminal case and come with their own short deadlines. Read the papers you were given at arrest carefully.

Refusing a Breath or Blood Test

Arkansas has an implied-consent law. Refusing a chemical test carries its own license consequences under A.C.A. § 5-65-205, separate from any DWI charge, and the consequences grow with prior refusals or offenses.

Questions Worth Asking in a DWI Case

Why was the vehicle stopped, and was the stop lawful?
How were field sobriety tests given and recorded?
Was the breath or blood test done according to the required procedures?
What do the dash camera and body camera videos show?

Each case is different, and the answers to these questions don’t guarantee any particular result. They are the starting point for an honest look at your options.

Commercial Drivers

If you hold a CDL, a DWI can affect your commercial driving privileges even if you were in your personal vehicle. Tell me about your CDL at the start so we can talk through what is at stake.

DWI Questions

Can I still drive after a DWI arrest?

It depends on the paperwork you received, your record and whether you take timely steps. Because the deadlines are short, call soon after the arrest.

Is a first DWI a felony in Arkansas?

A first DWI is generally a misdemeanor. Repeat offenses within the look-back period carry heavier penalties, and a fourth or later can be a felony.

Talk With a Jonesboro DWI Lawyer

In addition to my private practice, I have served as both a public defender and a deputy prosecuting attorney, and I take a select number of criminal cases, including DWI cases that are contested or likely to go to trial. I won’t make promises about your outcome, but I will explain the process and your options plainly. See my main criminal defense page for more.

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. When you call, we’ll talk briefly about your case to see whether it is a fit, and I’ll explain how fees work before you decide anything.

This page is general information about Arkansas law, not legal advice for your situation.