DWI & DUI

 

DWI & DUI Defense Attorney in Northwest Arkansas:

Mistakes happen, and one bad night shouldn’t define your life. We’ll fight to protect your rights, your record, and your ability to drive. No two cases are the same , and our strategy will depend on the circumstances of the stop, the details of the arrest, the chemical-test result, and whether you are a repeat-offender. To begin, we will need all the facts you remember as well as the state's evidence. The devil is in the details, not all stops are justified, field sobriety tests are administered improperly, and breath machines can be inaccurate. These issues are very often where your case is won or the state's weakened. An unlawful arrest leads to suppressed evidence, and without evidence the prosecutor's case falls apart. When the evidence is weak we press for a the state to rest or a reduction. When the case against you is stronger, we move to a pretrial mitigation plan, getting ahead of the issues by voluntarily addressing them in ways the court respects; thus, improving the outcome and resolution terms. ​

If you’ve been charged with a DWI or DUI in Arkansas, your freedom, your license, and your future are on the line. At Austin Lucas Law, we defend clients throughout Washington County (Fayetteville, Springdale, Elkins, Farmington, Prairie Grove, Tontitown, Elm Springs, Goshen & Lincoln) and Benton County (Rogers, Bentonville, Lowell, Bella Vista, Little Flock, Pea Ridge, Gentry, Centerton & Benton County West).​

Understanding DWI vs. DUI in Arkansas:

Ark. Code Ann. §5-65-101 et al define and codify the statutory laws surrounding driving while intoxicated. The difference between a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence) comes down to age and blood alcohol content (BAC):

• Under 21 years old: DUI if your BAC is 0.02 or higher

• 21 or older: DWI if your BAC is 0.08 or higher

Both are serious offenses — and both require the State to prove beyond a reasonable doubt that:

1. You consumed an intoxicant (drugs or alcohol), and

2. You operated or were in actual physical control of a motor vehicle.

There is no mental state requirement for DWI/DUI charges in Arkansas, meaning you can be convicted even without intent to break the law.​

How Arkansas Defines “Intoxicant”:

The law classifies intoxicants into two categories:

• Alcohol, proven through breath, blood, or field sobriety testing.

• Drugs, proven through chemical testing or officer observation.

Your rights, license, and future depend on how intoxication is proven — and how your defense attorney challenges those results.

 

View the Arkansas DWI/DUI penalties and license suspension laws– https://www.dfa.arkansas.gov/office/driver-services/dui-dwi-information/dui-dwi-bui-bwi-offenses/ 

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Driver Control Administrative Hearings:

Pursuant to Ark. Code Ann. §5-65-104, after your arrest, you must request a Driver Control Administrative Hearing to protect your driving privileges.
Failure to request this hearing within the deadline can result in automatic license suspension — even before your criminal case begins.

 Click here for information about Arkansas Driver Control Hearings– https://www.dfa.arkansas.gov/office/driver-services/dui-dwi-information/dui-dwi-administrative-hearing/

At Austin Lucas Law, we’ll help you file, prepare for, and attend your hearing to preserve your right to drive.