– driving under the influence is the charge of operating a motor vehicle while under the influence of alcohol or controlled substances. Prosecution can also occur if you are sitting in the car with possession of the keys and the state attempts to prove you are in “actual physical control” of the vehicle.
– driving while intoxicated is the charge of unsafe operation a motor vehicle. In the state of Arkansas, the blood alcohol content of a driver that is more than .08 percent is subject to DWI charges.
Our DUI/DWI attorneys will file a motion for discovery to obtain the evidence involved in the charges against you. This process will allow us to evaluate the traffic stop, reasonable suspicion and the accuracy of protocol or standard instruments used to collect evidence. Having an attorney will also improve the opportunity for plea bargaining and leniency in sentencing. Penalties for DUI or DWI range from a $150 fine to 6 years of jail time, depending on the offenses and if there are prior offense. Legal representation for any DUI or DWI is strongly encouraged.