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Law Offices of Nicki Nicolo
Criminal Defense and Family Law
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DWI/DUI
Arkansas DWI/DUI Statewide Defense Attorney                  501-353-0371

I have extensive courtroom experience in trying DWI cases, and have been specially
trained in the administration of Standardized Field Sobriety Testing. I have also completed
a "Drugs that Impair Driving" course which is given to many police officers.
If you or a
friend has been charged with DWI/DUI (laymen terms "drunk driving"), it is important to
immediately contact an experienced defense attorney. DWI's are treated as serious 
violations, and a DWI charge should not be viewed as a simple traffic violation. The
longer you wait to contact an attorney, the greater likelihood that critical evidence in
the case will no longer be available.

You may have heard that being charged with a DWI offense means that you will be
convicted and you should just plea guilty and take your punishment. However, this is
a common misconception among the general public.

A DWI charge can not be reduced or amended to another lesser charge. A person
charged with DWI must either proceed to trial on that charge, or plead guilty to that
charge. Thus, many times a citizen is better off fighting the DWI charge and
proceeding to trial, as the court does not have the ability to reduce a DWI charge.


A DWI/DUI is first handled in district court before a judge. If convicted in district court,
a person has a right to trial by jury and appeals the conviction within thirty days. 


Administrative Penalties imposed by Arkansas Department
of Finance and Administration:
 

If you are ticketed for DWI in Arkansas, you must apply for an administrative hearing
within seven days, or your license will be automatically suspended with no
driving
privileges thirty days from the date of your arrest.

First Offense DWI/DUI:
Six month suspension of drivers license
May apply for ignition interlock restricted license
If extreme hardship exists, a person may apply for restricted driving permit to allow
for driving to work, class, or hospital.

Second Offense DWI/DUI:
Twenty four month suspension of drivers license
May apply for ignition interlock restricted license

Third Offense DWI/DUI:
Thirty month suspension of drivers license
May apply for ignition interlock restricted license

Fourth or subsequent Offense DWI/DUI:
Four year revocation
No restricted permits may be issued

For information on an ignition interlock device please visit
www.arkansasinterlockdevice.com/

Note: Ignition interlock restricted license does not apply if arrested for DWI
due to drugs. Restricted driving permit may be issued for DWI Drugs first offense.


Please contact Nicki Nicolo at 501-353-0371 or
nicki@nicololaw.com to find out
more about your driving options during the suspension of your drivers license.



Punishments and fines imposed by criminal courts:

First Offense DWI/DUI
One day to one year in jail
Fine $150 - $1000
Court has discretion to order community service in lieu of jail time

Second Offense DWI/DUI
Seven days to one year in jail, or at least thirty days of community service
Fine $400 - $3000

Third Offense DWI/DUI
Ninety days to one year in jail, or at least ninety days of community service
Fine $900 - $5000

Fourth Offense DWI/DUI (felony)
One year to six years in jail, or at least one year of community service
Fine $900 - $5000

Fifth Offense DWI/DUI (felony)
Two years to ten years in jail, or at least two years of community service
Fine $900 - $5000

For additional information concerning driving privileges please visit
DMV - Arkansas Driver Control
www.dfa.arkansas.gov/offices/driverServices/Pages/DriverControl.aspx


Achievements:

NTHSA DWI Detection & Standardized Field Sobriety Testing Training Program
Drugs that Impair Driving Training Program


Contact the Law Offices of Nicki Nicolo - 501-353-0371
for a Free initial consultation by phone or in person.

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