Bentonville DWI Attorney
A Respected DWI Defense Lawyer with Judge and Prosecutor Relationships in Benton County, AR
Bertucci Law Firm is a dedicated criminal defense firm with extensive experience fighting for defendants in court. We have handled thousands of cases and jury trials throughout our practice in the field, and Ramon is familiar with the local judges and prosecutors and, more importantly, the tactics they usually employ in court. Especially in the case of a DUI charge, you will need a competitive and experienced lawyer to champion your defense.
Call (479) 227-2716 or fill out this contact form to learn more about how our experienced Bentonville DWI attorneys at Bertucci Law Firm can help.
What Constitutes Driving While Intoxicated in Arkansas?
Driving while intoxicated (DWI) is strictly prohibited under Arkansas law. In the context of DWI, “driving” refers to the operation or actual physical control over a vehicle (including all-terrain vehicles and motorboat), and “actual physical control” does not necessarily require a running engine or a vehicle in motion; the driver merely needs to possess the ability to exert control over the vehicle to be accused of being in actual physical control of the vehicle.
Also note that under this statute “intoxication” means the person has a blood alcohol concentration (BAC) of .08% or greater or the person’s reaction and motor skills are substantially altered due to the ingestion of alcohol, a controlled substance, or any other intoxicant.
What are the Penalties and Sentencing for a DWI?
The jail time and fines a judge may impose depends on a variety of factors, such as how many prior DWI convictions a person has within the last 5 years, including DUI and DWI convictions from other states. A first, second, or third offense DWI is a misdemeanor and usually entails the following jail time, fines, and license suspension:
- 1st offense: 24 hours to 1 year in jail; $150-$1,000 in fines; and at least 24 hours of community service
- 2nd offense: 7 days to 1 year in jail; $400-$3,000 in fines; and at least 30 days of community service
- 3rd offense: 90 days to 1 year in jail; $900-$5,000 in fines; and at least 90 days of community service
Driver’s license suspensions also depend on how many suspensions a driver has experienced in the past. For a first time suspension, the defendant could face 6 months of suspension. For a second suspension, they could face 24 months of license suspension, and upon a third offense, they could face 30 months of suspension.
In certain cases, a driver may request a restricted license during this suspension period, where they may receive limited driving privileges to commute to essential places like work and school. Depending on the circumstances, they may also be required to install an ignition interlock device (IID) during this period.
Implied Consent and Underage DWI
Like many other states, Arkansas implements implied consent laws that require all drivers lawfully arrested for DWI to submit to a chemical or breath test. Those who refuse testing may face similar revocation penalties and IID period as above.
Drivers under the age of 21 may be charged with an underage DWI if they have a BAC of .02%. Convicted drivers will be required to complete an alcohol education course and face the following penalties, depending on the number of prior convictions:
- 1st offense: $100-$500 in fines; 90 days of license suspension
- 2nd offense: at least 30 days of community service; $200-$1,000 in fines; 1 year of license suspension
- 3rd offense: at least 60 days of community service; $500-$2,000 in fines; 3 years of license suspension or until they are 21 years old, whichever is longer
Understanding the DWI Defense Process
Navigating the complexities of a DWI charge can be overwhelming. At Bertucci Law Firm, we believe that knowledge is power. Understanding the DWI defense process is crucial for anyone facing such charges. Our experienced attorneys will guide you step-by-step, ensuring you are informed and empowered throughout your case.
Here’s what you can expect when you choose us to represent you:
- Initial Consultation: We begin with a thorough review of your case, discussing the specifics of the incident and your legal options.
- Evidence Gathering: Our team will collect all relevant evidence, including police reports, breathalyzer results, and witness statements, to build a strong defense.
- Negotiation: We will negotiate with prosecutors on your behalf, aiming for reduced charges or alternative sentencing options.
- Trial Preparation: If your case goes to trial, we will prepare a robust defense strategy tailored to your unique situation.
- Ongoing Support: Throughout the entire process, we provide continuous support and updates, ensuring you never feel alone in your fight.
Our commitment to your case goes beyond just legal representation; we strive to provide you with the peace of mind you deserve during this challenging time. Contact Bertucci Law Firm today to schedule your consultation and take the first step towards reclaiming your future.
Benton County DWI Recovery Resources
There are several local entities in Bentonville, AR that may help with the recovery of DWI offenders. Here are some options:
- Alcoholics Anonymous (AA) - AA is a support group that helps individuals struggling with alcoholism achieve and maintain sobriety. There are several AA meetings held in Bentonville, and attending these meetings can be a great source of support for DWI offenders looking to recover from their addiction.
- Benton County Drug Court - The Benton County Drug Court is a court program that offers treatment and rehabilitation services to individuals who have been charged with drug or alcohol-related offenses, including DWI. The program includes regular drug and alcohol testing, counseling, and other support services to help individuals overcome their addiction and avoid future criminal behavior.
- Ozark Guidance - Ozark Guidance is a community mental health center that offers a variety of services, including substance abuse treatment, to residents of Bentonville and the surrounding areas. They offer individual and group counseling, medication management, and other support services to help individuals recover from addiction and improve their mental health.
- Northwest Arkansas Community Correction Center - The Northwest Arkansas Community Correction Center offers a range of programs and services to help individuals who have been convicted of a crime, including DWI, successfully transition back into society. They offer substance abuse treatment, vocational training, and other services designed to help individuals overcome their addiction and become productive members of society.
- Arkansas Department of Health - The Arkansas Department of Health offers a variety of resources and services related to substance abuse and addiction. They provide information on local treatment providers, support groups, and other resources that may be helpful for individuals seeking recovery from DWI or other alcohol-related offenses.
How Our Experienced Bentonville DWI Defense Attorneys Can Help
When facing a DWI charge, having the right legal representation is crucial. At Bertucci Law Firm, we understand that each case is unique, and we are committed to providing personalized defense strategies tailored to your specific situation. Our extensive experience in DWI cases in Bentonville and the surrounding areas equips us with the insights needed to navigate the complexities of Arkansas law effectively.
Here are some compelling reasons to choose Bertucci Law Firm as your DWI defense attorney:
- Proven Track Record: We have successfully defended numerous clients against DWI charges, achieving favorable outcomes through diligent preparation and strategic negotiation.
- Comprehensive Legal Support: From the initial consultation to the courtroom, we offer continuous support and guidance, ensuring you understand every step of the legal process.
- Expert Knowledge: Our attorneys stay updated on the latest laws and regulations related to DWI offenses, allowing us to leverage any changes that may benefit your case.
- Compassionate Advocacy: We recognize the emotional toll a DWI charge can take on you and your family. Our team is dedicated to providing empathetic support while fighting vigorously for your rights.
- Flexible Payment Options: We believe that quality legal representation should be accessible. Our firm offers various payment plans to accommodate your financial situation.
Choosing the right attorney can make all the difference in your case. Contact Bertucci Law Firm today to schedule a consultation and let us help you secure the best possible outcome for your DWI charge.
Let Bertucci Law Firm Defend You Against a Charge
If you have been accused of driving under the influence in Bentonville, Arkansas, do not hesitate to contact a lawyer immediately to handle your case. Depending on the circumstances of your case, you could face serious penalties that could impact your future driving privileges. A good lawyer like Ramon can build a strong defense against harsh accusations and fight for reduced or even dismissed charges.
Schedule a free consultation with Bertucci Law Firm to learn more about how we can defend you in your DUI case. Call (479) 227-2716 or contact us online.
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