DWI Defense Attorney Serving El Dorado, Arkansas

It can happen to anyone: One minute you are driving, the next you get pulled over by the police and have to walk a line, stand on the leg, and blow into the breathalyzer. Before you know it, you are arrested for driving while impaired (DWI) and taken to a police station.  

This situation is not uncommon. Drunk driving is one of the most prosecuted crimes in Arkansas and across the country. If you are facing DWI charges, reach out to me at James B. Bennett Law Office to get the help you need. As a DWI defense lawyer in El Dorado, Arkansas, I provide dedicated and effective representation to people facing drunk driving charges throughout all of South Arkansas. I am ready to put my decades of legal and trial experience to work for you and protect your rights, freedom, and driving privileges.  

DWI Charges in Arkansas

To convict someone of DWI, prosecutors in Arkansas must prove that the motorist was operating or in actual physical control of a motor vehicle: 

• with a blood alcohol concentration (BAC) that reaches .08% or higher; or 

• while intoxicated.  

In fact, you do not have to be driving to be charged with DWI. In Arkansas, if you have the apparent ability to start and move the vehicle, you are considered to be in “actual physical control” of the vehicle and can face drunk driving charges if you are intoxicated or your BAC level is at least .08%.  

Drivers under the age of 21 are considered in violation of the state’s DUI laws if their BAC is at or greater than .02%.   

Possible Penalties for DWI in Arkansas

Every case is unique, which is why the punishment for DWI may vary from one case to another. However, possible penalties and consequences typically include any combination of the following penalties: 

• jail sentence 

• hefty fines 

• a suspension of the driver’s license 

• the requirement to install an interlock ignition device 

• increased insurance rates  

• points on the driving record 

• permanent criminal record 

It is never a good idea to just plead guilty and accept your punishment without exploring your criminal defense options first.  

Defenses to DWI Charges

As mentioned earlier, every DWI case is unique, which is why the defenses available to a person facing drunk driving charges depend on the facts of their case. In my experience, as a DWI defense lawyer in El Dorado, Arkansas, I have successfully used the following defense strategies: 

1. The evidence is not admissible. In a DWI case, evidence presented against the defendant may not be admissible for several reasons. The most common reasons include violations of your rights during the arrest and violations of certain procedures by the police. Your lawyer can help you prepare and file a motion to suppress the inadmissible evidence.  

2. The burden of proof is not met. In Arkansas, the prosecution must establish that you (a) were intoxicated and (b) operating/in actual physical control of the vehicle beyond reasonable doubt. If this burden of proof is not met, you cannot be convicted of DWI.  

3. The DWI procedures were not followed. Law enforcement officers in Arkansas must follow specific procedures when arresting and charging someone with DWI. If these procedures were not followed, your case could be dismissed.  

4. Constitutional violations. Often, DWI cases are dismissed because of constitutional violations. A common violation of your constitutional rights is when you are pulled over but law enforcement did not have probable cause to stop your vehicle in the first place.  

These are not the only possible defenses that could be used to help you fight an accusation of driving while impaired. As a skilled DWI defense lawyer at James B. Bennett Law Office, I can help you navigate your options to ensure that the best possible outcome is achieved. 

How a DWI Defense Lawyer Can Help

If you have been charged with DWI in Arkansas, here is how an experienced defense lawyer could help you: 

• Explore your defense options by thoroughly evaluating the facts surrounding your stop and arrest and examining the evidence against you; 

• Explain the law and procedures that go into DWI cases in Arkansas to ensure that you can make informed decisions about your case; 

• Investigate potential violations on the part of the law enforcement when you were stopped (was there probable cause?) and arrest (did the police have probable cause to search your vehicle?); 

• Negotiate with prosecutors to reduce the charges against you or seek a favorable plea bargain if appropriate; 

• Retain expert witnesses to strengthen your defense and/or challenge the evidence presented against you; and 

• Represent your best interests throughout every stage of the process, including trial.  

As a results-driven and compassionate lawyer at James B. Bennett Law Office, I strive to provide each client I represent with the same representation as if that client were a member of my family or a close friend.