The hardest part of a DWI arrest may come after the flashing lights disappear. At first, the situation can seem limited to an arrest, a charge and a court date. Then a notice arrives about a driver’s license suspension. A prior DWI suddenly matters. A detail about the arrest can lead to enhanced penalties.
What looked like one problem can quickly become several. Arkansas law treats some of these consequences separately, which means a person may need to respond to more than just the criminal charge. The details of the arrest and a person’s driving history can also change what they face. Here are three important ways a DWI case can become more serious.
1. A prior DWI can increase the penalties
Arkansas increases DWI penalties when a person has prior offenses. For criminal sentencing, the state can count a prior DWI if the new offense occurs within 10 years of the first offense. A second offense can carry seven days to one year in jail, while a third can carry 90 days to one year. A fourth offense within that 10-year period becomes an unclassified felony, with one to six years of imprisonment. A fifth can carry two to 10 years. A sixth or subsequent offense within 20 years of the first becomes a Class B felony.
Prior convictions from other states may also count when they qualify as equivalent offenses. This means an older DWI or an offense from another state could affect how Arkansas handles a new charge.
2. The administrative case can move separately
A DWI arrest can create both a criminal case and an administrative license matter. The Arkansas Office of Driver Services can suspend or revoke driving privileges based on the arrest, refusal to submit to testing or other statutory grounds.
The administrative process does not simply disappear because the criminal case ends favorably. Arkansas law treats these proceedings separately, although an acquittal or dismissal can reverse certain administrative actions.
These issues can require separate responses, meaning a person may need to address the license issue while also defending the criminal charge.
3. Aggravating factors can increase the consequences
Certain circumstances can trigger harsher consequences. For example, Arkansas law increases mandatory jail terms when a passenger younger than 16 was in the vehicle. A DWI that causes serious physical injury or death can also lead to separate and more serious criminal charges.
A high BAC can create additional consequences as well. A BAC of 0.15% or higher can trigger enhanced requirements, including ignition interlock requirements in certain circumstances.
Addressing the consequences of an Arkansas DWI
A DWI charge can affect a person’s freedom, driving privileges and finances at the same time. That can make it difficult to know which issue deserves attention first. An Arkansas DWI attorney can review the circumstances, explain how the administrative and criminal proceedings may interact and identify potential defenses or options. Seeking legal guidance early can help a person make informed decisions about what comes next.