Arkansas DUI & DWI Defense
Legal Services
If you’re facing a charge for driving while intoxicated in Arkansas, you’re in a spot where moves matter. The next steps you take (and who you have before you) will shape the rest of your life—job, insurance, family, reputation. At Morledge Law Firm, we do more than show up. We dig in, challenge the process, and build defenses that reflect real-life in Arkansas courts.
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What Is a DWI in Arkansas?
Under Arkansas law (see Arkansas Code § 5‑65‑103) it’s illegal for anyone 21 or older to operate or be in actual control of a vehicle with a blood or breath alcohol concentration (BAC) of 0.08 % or more—or while intoxicated by alcohol, drugs, or a combination. If you’re under 21, different rules apply (BAC .02 % or higher in many cases).
In short: it’s not just about how much you drank or what you took—it’s about how the law, the test, the traffic stop, and the vehicle control all line up (or don’t).
Typical DWI Charges in Arkansas
We defend folks charged with:
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First-offense DWI (misdemeanor in most cases)
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Repeated-offense DWIs (within 5-10 years)
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DWI with aggravating factors (children in car, high BAC, accidents, injury)
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Commercial vehicle or CDL DWI infractions
The stakes go up fast. For example: first DWI often brings 24 hours to 1 year jail, fines ($150–$1,000+), license suspension, ignition interlock. For second or third offenses? You’re looking at 7+ days jail, higher fines, 24- or 30-month license suspensions, possible felony status for 4th+ offenses.
Arkansas-Specific Issues We See
Administrative License Suspension (ALS): After an arrest, your license can be temporarily suspended by the Arkansas Department of Finance and Administration (“Driver Control”) while the criminal case is pending. You have only a few days to request a hearing.
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Stop & Search Legality: Was the traffic stop valid? Did the officer have probable cause? Were field sobriety tests conducted properly?
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BAC / Blood / Breath Evidence: The machine, the method, the calibration, the chain of custody—all become battlegrounds.
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“Actual Physical Control” vs. Operation: Case theory matters—just sitting behind the wheel might be enough, but context is everything.
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Impact on Employment & Licensing: Commercial drivers, professional licenses, drivers in rural Arkansas—getting suspended means more than missing a day of work.
How We Approach Your Defense
We see each case as unique (because it is). Here are the broad steps:
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Evidence Collection & Freeze: Dash-cam/-cam, body-cam, sobriety videos, lab reports, stop logs—and we act early to secure them.
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Challenge the Stop & Arrest: If the stop or subsequent search lacked legal grounding, we file motions to suppress.
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Test & Measurement Review: We scrutinize breath test records, blood draw timing, machine maintenance, and staff training.
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Narrative Building: Maybe you weren’t impaired—or maybe there’s reasonable doubt. Drink vs medical condition vs mistaken identity.
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Negotiation & Court Strategy: We plan as though trial’s coming (because it might). But we also try to leverage early resolution when it protects your record better.
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After-Math Planning: License reinstatement, ignition interlock, future employment protections, sealing when possible.
Why Morledge Law Firm?
We’re based in Little Rock, and we defend clients all across Arkansas—including Pulaski, Saline, Faulkner, Jefferson, Lonoke, Garland and beyond. We combine local court experience, deep technical understanding of DUI & DWI law, personal urgency, and human-first empathy (you’re more than a case number). The law moves fast. So do we.
What You Can Expect After a Drug Arrest in Arkansas
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First Appearance: bond, conditions, possible no-contact or travel limits
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Discovery Phase: the state turns over reports, videos, lab results; we seek what’s missing and move to preserve what helps you
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Motions: suppression, severance, and evidentiary challenges that can shrink or end the case
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Negotiation or Trial: data-driven choices, not guesses; we weigh risks, collateral consequences, and your goals
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Aftermath Planning: when eligible, we talk sealing/expungement and how to protect employment and licensing
FAQs
Does a first DWI always require jail time?
Not always. First-offense penalties start at a minimum of 24 hours jail, but under some circumstances judges may assign alternatives (community service, probation) depending on facts.
What if I refused the breath or blood test?
Refusal triggers administrative penalties and may impact the criminal case—often meaning longer suspension, stricter licensing conditions.
Can I still drive while my case is pending?
Sometimes, yes—via a restricted or hardship permit—but you must act quickly and meet strict criteria for that.
I’m a commercial driver—are penalties different?
Yes. For CDL or commercial vehicle operators, the BAC threshold may be lower (0.04 %) and administrative/licensing consequences tend to be more severe.
