
DWI & DUI
Driving While Intoxicated v. Driving Under the Influence
🚔 DWI & DUI Defense Attorney in Northwest Arkansas
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).
We understand that 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.
⚖️ Understanding DWI vs. DUI in Arkansas
The difference between a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence) comes down to age and blood alcohol content (BAC):
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Under 21 years old: DUI if your BAC is 0.02 or higher
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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:
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You consumed an intoxicant (drugs or alcohol), and
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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:
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Alcohol, proven through breath, blood, or field sobriety testing.
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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/
🚗 Driver Control Administrative Hearings
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.
M. Austin Lucas, Esq.
745 East Joyce Boulevard, Suite 201
Fayetteville, Arkansas 72701




