Law Offices of Nicki Nicolo

DWI/DUI

DWI and DUI

 

Arkansas DWI/DUI Statewide Defense Attorney                 

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 plead guilty and take your punishment. However, this is a common misconception among the general public.

A DWI charge cannot 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, sometimes 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 if he/she appeals the conviction within thirty days.


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

 



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 from the date you received your ticket, or your license will be automatically suspended with no driving privileges thirty days from the date of your ticket.

 First Offense DWI/DUI:

  • Six month suspension of driver’s 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 driver’s license                                   

  • May apply for ignition interlock restricted license

 Third Offense DWI/DUI:

  • Thirty month suspension of driver’s 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.

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