DWI 1st Offense Lawyer
A Guide To DWI 1 Legal Process
A DWI 1st offense in Arkansas is more than a speeding ticket. It can trigger strict deadlines, a driver’s-license suspension, and possible criminal penalties like jail time. Understanding each stage of the process helps you protect your rights and make informed decisions.
DWI 1st Offense Stop & Arrest
Officers look for specific driving behavior when they are out on patrol – exiting a lane, weaving in and out of traffic, sporting an expired tag. This kind of behavior would give them reasonable suspicion to stop you and probable cause to arrest you.
By the way, an officer can approach you based on reasonable suspicion even if you aren’t moving the vehicle down the road. Arkansas DWI case law has proved that if the driver is intoxicated, is in the driver’s seat, and has access to the keys while the car is stationary, they would be in “actual physical control” of the motor vehicle, and therefore be viable for a DWI charge.
Once you’re stopped and/or approached while stationary, the officer’s goal is to prove the following two theories: that you were legally intoxicated while operating or exercising actual physical control over a vehicle, or that you operated or controlled a vehicle with an alcohol concentration of 0.08 or higher (Ark. Code Ann. § 5-65-103). The only way to do that is to gather evidence.
The officer immediately begins to:
- Make observations – odor, slurred speech, bloodshot eyes, fumbling with items
- Gather statements – asking you “have you been drinking?”
- Incur field sobriety tests – the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN). These are voluntary – the only test you can’t turn down is a chemical test.
- Incur portable breath tests (PBT) – a roadside breathalyzer. Also voluntary, and not the required chemical test.
If the officer has probable cause for the arrest, you’ll be handcuffed and transported. The officer will likely tell you that you will have to take a chemical test – you must agree to this, or you will be charged with Refusal to Submit, which imposes an additional 180-daylicense suspension period.
Do You Have a Right To An Independent Test?
Absolutely. The arresting officer must advise you of the right to obtain an independent chemical test and must reasonably assist in obtaining it. If officers fail to provide that notice or prevent the person from obtaining an independent test, evidence from the state’s chemical test may be excluded. Upon request, the person or the person’s attorney is also entitled to receive complete information concerning the chemical testing performed (§ 5-65-204).
Officers rarely clearly define this option during the arrest, so it is not widely known. We use this failure to strengthen your defense.
Booking and Release
Once you arrive at the station, this is typically when the officer asks you to take a chemical test, which is taken on an Intoxilyzer 8000. Again – if you refuse this test, your license will be suspended immediately, and the refusal can be used as evidence at trial (§ 5-65-202).
Most first-offense DWI defendants are released by the end of the day on bond – the type of bond depends, ranging from signature to case or surety.
Before you leave the jail, your arresting officer is supposed to:
- Confiscate your physical driver’s license
- Issue a Notice of Suspension/Revocation
- Provide a 30-day temporary driving permit
One DWI = Two Separate Cases
A DWI arrest activates both an administrative and criminal case. The administrative penalties begin immediately, starting with the seizure of the driver’s license, and the 7-day deadline to request an administrative hearing to contest license suspension. The criminal case begins with the scheduling of the first court date – plea and arraignment.
These two cases are completely independent from each other. You can win one and lose the other – for example, your license can be suspended in the administrative hearing, but you can beat the charge in court to get it back.
Criminal
Handled through state courts, the criminal side determines whether you committed an offense under Arkansas law. It follows traditional court procedures—arraignment, discovery, potential trial, or plea negotiations. Because the burden of proof is high, the state must prove every element beyond a reasonable doubt. Penalties include potential jail time, monetary fines, community service, and a permanent criminal record.
Administrative
Handled by the Arkansas DFA, this is a civil proceeding purely concerned with your driving privileges. It includes an immediate license suspension upon arrest, the opportunity for a hearing to contest your license suspension, obtaining an ignition interlock device for your vehicle in order to drive during the suspension period, and completing all of the required classes to be eligible for license reinstatement.
DWI 1st Administrative Penalties: License Suspension
Pink/White Form and Initial Deadlines
After the arresting officer confiscates your physical driver’s license at the arrest, they will give you two copies of the same form to fill out — one will be pink, the other white. The form will be titled “Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege Or Request Restricted Driving Permit.” Each copy has its own purpose and deadline.
Temporary License — Good For 30 Days After Arrest
One copy will act as your temporary license for thirty (30) days. Do not lose it!
Request To Contest License Suspension — Must Submit 7 Days After Arrest
The other copy must be fully filled out and submitted to the DFA no more than seen (7) days after your arrest, in order to contest your license suspension and request an ignition interlock restricted driving permit. An attorney is not required to appear, but we always make sure our clients have representation during this hearing.
The suspension officer will either suspend your license, or he won’t. This is based on a number of facts surrounding the execution of the stop, search, testing, and arrest. If your license is still suspended during this hearing, you are entitled to a restricted license upon installation of an ignition interlock device.
We have all of our clients appear at this hearing, to ensure that they are able to stay on the road for work and essential travel.
I Met Both Deadlines — How Do I Drive Legally During My DWI License Suspension?
For a DWI 1st offense, your license will be suspended for six months, although if you refuse a chemical test, that can result in a separate 180-day suspension (Ark. Code Ann. § 5-65-104). After you appear at your license sentencing hearing and the 30 day temporary license is expired, you are entitled to an ignition-interlock temporary drivers permit, which requires you to install an ignition interlock device in your vehicle. This permit lasts until the end of your suspension period, and allows you to drive for work and other essential travel.
Are License Suspension Rules Different for DWI Drugs?
Drug-related DWI suspensions do not require the installation of an ignition interlock device. Instead, if the defendant would like to drive, they will need to request a restricted driving permit. This permit is restricted to certain times and circumstances of use, and the granting of this permit is completely discretionary. The following should be proved:
- Transportation to work, school, alcohol education program, or a hospital or clinic does not exist.
- The defendant is not a multiple traffic law offender AR Code § 5-65-120 (2025)
What Happens To My License If I Refuse The Breath or Blood Test?
As previously noted, a first refusal results in a 180-day driver’s-license suspension. The prosecution may also introduce the refusal as circumstantial evidence of intoxication. They’re argue that a refusal is a sign of guilt – if you were innocent, why refuse?
But refusal cases remain defensible. We examine whether the officer lawfully requested the test, properly explained the consequences, and accurately characterized what happened as a refusal rather than an inability to provide an adequate sample. We also present any circumstances that explain the refusal and challenge the weight the court should give it.
DWI 1st Criminal Penalties: Incarceration and Fines
A first DWI conviction in Arkansas is an unclassified misdemeanor and can produce significant criminal penalties (Ark. Code Ann. § 5-65-111):
- Incarceration: The authorized sentence ranges from 24 hours to one year. If a passenger under 16 was present, the minimum generally increases to seven days. The court may order public service instead of incarceration if it explains that decision in its written order.
- Fines: Arkansas law sets the fine between $150 and $1,000 (Ark. Code Ann. § 5-65-112).
- Court Costs And Fees: Court costs, program fees, ignition-interlock expenses, and other authorized charges can substantially increase the total cost.
- Education: Arkansas also generally requires an approved alcohol education or treatment program, a victim impact panel, and completion of applicable reinstatement requirements. These requirements appear in § 5-65-115, § 5-65-119, and § 5-65-121.
Arkansas DWI Arraignment And The Not-Guilty Plea
At arraignment, the court advises the accused of the charges and penalties, and asks for a plea. A not-guilty plea preserves the right to examine the evidence, challenge the State’s case, negotiate if appropriate, and proceed to trial.
You’ll Learn The Penalties For a DWI 1 in Arkansas
Arkansas DWI laws set specific penalties for first-time offenders, though judges have discretion within these ranges.
You'll Make Your Plea
Pleading “not guilty” does not mean you are lying, or challenging the authority of the State. Doing so simply requires the prosecutor to carry the constitutional burden of proving guilt beyond a reasonable doubt.
You'll Take It to Trial
Arkansas does not permit a court to place a DWI defendant into the ordinary first-time-offender probation program before adjudication. Ark. Code Ann. § 5-65-108 specifically excludes DWI charges from that procedure. This means that DWIs must be tried in court.
Facing legal challenges is incredibly stressful, but your aggressive litigating style, meticulous preparation, and courtroom advocacy completely changed the experience for me.
A.J.
Evidence A DWI 1st Offense Lawyer Will Review
After arraignment, the defense obtains discovery. Depending on the case, discovery may include:
- Officer reports and handwritten notes
- Dash-camera and body-camera recordings
- Dispatch records and 911 calls
- Field sobriety test evidence
- Breath-testing records
- Blood, urine, or saliva laboratory reports
- Machine maintenance and calibration documents
- Witness statements
- Photographs and collision evidence
- Medical records relevant to observed symptoms
The defense compares the report against the recordings and physical evidence. An officer may characterize movement as poor balance even though video shows an injury, uneven terrain, unsuitable footwear, confusing instructions, anxiety, fatigue, or substantially better performance than the written report suggests.
DWI 1st Motions & Defenses
The officer lawfully stopped or detained the driver
The officer had probable cause to arrest
The accused actually operated or controlled the vehicle (i.e. actual physical control)
Police properly administered field sobriety exercises
Medical or environmental factors explained the observations
Police complied with chemical-testing procedures
Preparing a DWI 1st Offense For Trial in Arkansas
Trial preparation for a DWI 1st offense starts long before the trial date. Our defense attorneys identify the elements the prosecutor must prove, prepare exhibits, study the officer’s prior statements, evaluate expert testimony, and prepare you for the stand.
ARKANSAS DWI FIRST OFFENSE
Frequently Asked Questions
Gene Ludwig founded Ludwig Law Firm in 1982, starting out as a personal injury trial lawyer. Today, our attorneys use that full-scale trial mindset to win DWI and criminal defense cases in Little Rock, central Arkansas, and Northwest Arkansas.
Our attorneys have furnished this FAQ section just for you. If your answer wasn’t answered here, feel free to call us or submit a form with your question.
At Ludwig Law Firm, We Simply Win DWI defense. Call our office today for your free consultation.
Is DWI 1st An Arkansas Criminal Charge?
Yes, a DWI 1st offense is an unclassified misdemeanor in Arkansas, which can result in jail time (from one day to up to a year), penalties of up to $1,000, administrative license restrictions, and court-ordered attendance to victim-impact panel and other similar classes.
Is A DWI 1st Offense In Arkansas A Felony?
No. A standard first DWI conviction is an unclassified misdemeanor. Separate facts or accompanying allegations can produce additional charges.
How Long Is The Arkansas License Suspension For A DWI 1st?
In Arkansas, the administrative suspension is six months. An eligible driver in an alcohol-related case may qualify immediately for an ignition-interlock restricted license.
Can A First Arkansas DWI Case Be Dismissed?
A prosecutor or court may dismiss a charge if they are unable to prove beyond a reasonable doubt that someone committed a DWI offense. A defense attorney may use evidentiary defects, suppression rulings, lack of proof, or failure to establish an element to support a dismissal.
What Happens If I Win My Arkansas DWI Trial?
The court enters an acquittal, and the State cannot impose criminal punishment for that DWI charge. The acquittal may also require reversal of the related administrative suspension and reinstatement of driving privileges through the applicable process.
Your Choice of Representation Matters
A DWI 1st offense moves quickly in Arkansas. The seven-day administrative deadline may expire before the first court appearance, and video, witness information, and other evidence can become harder to preserve over time.
If you or a loved one faces a first DWI charge, call Ludwig Law Firm at 501-868-7500, visit ludwiglawfirm.com, or learn more about ourLittle Rock DWI and DUI defense practice. We Simply Win reflects our commitment to preparation and advocacy, but no law firm can guarantee a particular outcome.