Protect Your Rights: Partner With An Experienced DUI Attorney In Little Rock
Last updated on May 3, 2026
A DWI arrest in Arkansas sets two clocks running at the same time — one in criminal court, and one against your driver’s license. The decisions you make in the first week, before your case is even filed, often shape the outcome more than anything that happens later in court.
Your first instinct after a DWI may be to pay the ticket, plead guilty, and move on. Acting on that instinct can cost you money, your license, jail time, your job, and a permanent criminal record. At Wesley Rhodes, Attorney at Law, our lawyer can explain the real consequences of your situation and your actual defense options before you make decisions you can’t undo.
Two Tracks, One Lawyer
We handle both the criminal case and the administrative license suspension hearing.
Local Court Knowledge
Direct experience with Pulaski, Faulkner, and Saline County DWI prosecutors and judges.
CDL DWI Experience
Specialized representation for commercial drivers facing CDL-threatening charges.
Critical 7-Day Deadline
After a DWI arrest in Arkansas, you have seven (7) calendar days to request an administrative hearing to contest your license suspension. Miss this window and the suspension becomes automatic — the hearing will not be granted later. Learn more about the 7-day rule →
DWI Versus DUI Charges In Arkansas
According to Arkansas Code § 5-65-103, it is unlawful for an intoxicated person to operate or be in actual physical control of a motorboat or motor vehicle in this state. The statute defines “intoxicated” broadly — it does not just mean alcohol. It includes any controlled substance, intoxicant, or combination that substantially alters a driver’s reactions, motor skills, and judgment.
Arkansas distinguishes between DUI (under 21) and DWI (21 and over) charges based primarily on the driver’s age and BAC threshold:
| DUI — Drivers Under 21 | DWI — Drivers 21 and Over |
|---|---|
| Applies to drivers under 21 with any measurable amount of alcohol or drugs in their system | Applies to drivers 21 and over with a BAC of .08% or higher |
| BAC of .02% or higher can lead to a charge | Can be charged even below .08% if substantially impaired |
| Penalties: fines, license suspension, mandatory alcohol education, community service | Commercial drivers held to a stricter .04% BAC limit |
DWI and DUI charges carry severe legal penalties — fines, jail, license consequences — and significant collateral effects on relationships, employment, professional licensing, and immigration status. Understanding what you are actually facing is the first step in making informed decisions about your defense.
To speak with an experienced DUI or DWI lawyer in Little Rock, give us a call at 501-301-4591 or contact us online today.
Navigating First-Offense DUI Charges In Little Rock
Facing a first-offense DWI/DUI charge in Little Rock can be a daunting experience, especially with the strict enforcement by the Little Rock Police Department and the Arkansas State Police. The consequences of a DWI conviction can be severe, impacting not only your driving privileges but also your personal and professional life.
Little Rock residents face unique challenges with DWI/DUI charges. The city’s bustling nightlife and major events can lead to increased DUI checkpoints and patrols, particularly in areas like the River Market District and around major highways such as I-630 and I-30. Local government entities like the Pulaski County District Court handle numerous DWI/DUI cases each year, and their procedures can be complex. Our attorney’s familiarity with their operations enables him to navigate the system effectively on your behalf.
One common pain point for Little Rock residents is the potential loss of their driver’s license, which can severely impact daily life — commuting to work, running errands, taking kids to school. Additionally, the financial burden of fines, increased insurance rates, and SR-22 requirements can be overwhelming. Our lawyer can help you understand your rights and explore all possible defenses, whether that involves challenging the validity of a breath test or questioning the legality of the traffic stop.
What to Expect After a DWI Arrest in Arkansas
Most people charged with a DWI have never been through the system before. Knowing the timeline reduces anxiety and helps you make better decisions at each stage:
Arrest, Testing, and Booking
The officer takes your physical license, issues a temporary 30-day permit (the ALS form), and you are typically released on bond after booking.
Within 7 Days: Request Administrative Hearing
This is the most time-sensitive step in any DWI case. Missing the deadline means automatic license suspension regardless of how the criminal case turns out.
First Court Appearance (Arraignment)
The judge reads the charges, sets or modifies bond, and imposes any conditions of release. No evidence is presented at this stage.
Discovery and Investigation
Your attorney obtains the police report, dashcam and body-cam footage, breath test maintenance records, and lab data. This is where most DWI defenses are built.
Pretrial Motions
Motions to suppress unlawfully obtained evidence — illegal stops, defective testing, Miranda violations. A successful suppression motion can collapse the State’s case entirely.
Resolution: Plea, Reduction, Dismissal, or Trial
Most DWIs resolve before trial — but the willingness and ability to take a case to trial often determines the quality of plea offers.
Penalties for a DWI Conviction in Arkansas
Arkansas takes a tiered approach to DWI penalties — each subsequent offense within the look-back period carries dramatically harsher consequences. The chart below shows the maximum statutory penalties at each level:
| Offense Level | Maximum Jail/Prison | Maximum Fine |
|---|---|---|
| First Offense | Up to 1 year jail | Up to $1,000 |
| Second Offense (within 10 years) | Up to 1 year jail | Up to $3,000 |
| Third Offense (within 10 years) | Up to 1 year jail | Up to $5,000 |
| Fourth Offense (within 10 years) | Up to 6 years prison | Up to $5,000 |
| Fifth Offense (within 10 years) | Up to 10 years prison | Up to $5,000 |
| Sixth Offense (within 20 years) | Up to 20 years prison | Up to $15,000 |
Beyond the statutory penalties listed above, a DWI conviction triggers a cascade of additional consequences:
License Suspension
First offenders face 6 months to 1 year. Repeat offenders face longer suspensions or permanent revocation.
Ignition Interlock Device
Required to drive during many suspension periods. Must pass a breath test before the vehicle starts.
Mandatory Treatment
Court-ordered alcohol or drug treatment programs as a condition of sentence and license reinstatement.
Insurance Impact
Significant premium increases, possible policy cancellation, and SR-22 filing requirements.
Criminal Record
A permanent record that can affect employment, professional licensing, housing applications, and security clearances.
Community Service
Required hours of community service may be imposed as part of the sentence.
What Is The Legal Limit In Arkansas?
Under Arkansas law, a driver is legally intoxicated at BAC of .08% or higher. However, drivers under 21 face a .02% threshold, and CDL holders face a .04% limit when operating a commercial vehicle.
Importantly, you can still be charged with DWI even with a BAC below the legal limit if your ability to drive safely is impaired by alcohol or drugs — including legally prescribed medication.
If you are pulled over on suspicion of DWI, the officer may ask you to perform field sobriety tests and submit to a breathalyzer test. Refusing the breath test triggers an automatic license suspension under Arkansas’s implied consent law — but the analysis of whether to refuse depends entirely on your specific situation.
Do You Have To Blow Into The Breath Test?
Everyone who operates an automobile in Arkansas is deemed to have given consent for their urine, saliva, and/or blood to be tested for alcohol content. This is known as “implied consent.” (Ark. Code § 5-65-205.)
There are specific procedures officers must follow when administering these tests. If the arresting officer does not follow correct procedure, your rights may have been violated — even your constitutional rights — and your case could be subject to dismissal or evidence suppression. (Ark. Code §§ 5-65-202, 5-65-208.)
Breathalyzer tests, while commonly used, can yield inaccurate results due to:
- Improper calibration or maintenance of the testing device
- Officer error in administering the test
- Medical conditions including GERD, diabetes, and acid reflux
- Recent dental work or dietary factors
- Mouth alcohol contamination
Experienced legal representation can review the details of your test and arrest to identify discrepancies that may benefit your defense.
Common DWI Defenses That Actually Work
DWI cases are highly technical, and many have significant weaknesses that experienced defense attorneys know how to exploit. Common defenses include:
Illegal Traffic Stop
Officers need reasonable suspicion to stop you. Without it, every piece of evidence flowing from the stop can be suppressed.
Improper Field Sobriety Tests
FSTs must be administered to specific NHTSA standards. Officer errors are common — and well-documented in body-cam footage.
Poorly Calibrated Breath Test
Breath testing devices require routine certification and maintenance. Records can reveal problems that undermine the result.
No “Actual Physical Control”
Many DWI arrests occur in parking lots or driveways with the engine off. These cases often have viable defenses.
Implied Consent Violations
Officers must follow specific procedures and warnings. Failures can prevent the State from using the test results.
Missing Video Evidence
When dashcam or body-cam footage is missing, corrupted, or contradicts the report, the State’s case weakens significantly.
Helping Arkansas Commercial Drivers Address CDL DWI Charges
Arkansas law treats commercial drivers differently from other drivers in significant ways — including a stricter legal limit and severe career-ending penalties. CDL holders face unique concerns when accused of impaired driving.
Arkansas CDL DWI Charges and Penalties
Driving a commercial vehicle with a BAC of .04% or higher is a Class B misdemeanor. Conviction can lead to:
- Up to 90 days in jail
- Up to a $1,000 fine
- Disqualification of commercial driving privileges
CDL Disqualification Periods
| Offense | Disqualification |
|---|---|
| First offense | One-year disqualification |
| Repeat offense | Lifetime disqualification |
Critically, commercial drivers face these same disqualification periods even for DWIs in their personal vehicles. A DWI in your personal car on the weekend can end your commercial driving career on Monday.
Career Impact and Defense Strategy
A CDL DWI conviction can have permanent ramifications for your career. The mark on your record may hinder employment opportunities indefinitely. Our attorney understands what is at stake for Arkansas commercial drivers and provides comprehensive defense focused on protecting your CDL and your livelihood.
Why Choose Our Little Rock DWI Defense Attorney?
When facing DUI charges, the stakes are high. Choosing the right attorney can make the difference in the outcome of your case. At Wesley Rhodes, Attorney at Law, our dedicated lawyer brings strategic experience and a results-focused approach to DUI defense.
Personalized Strategy
Every case is unique. Our defense strategies are crafted around the specific facts, evidence, and weaknesses in your case.
Current Arkansas DUI Knowledge
We stay current with the latest changes and nuances in Arkansas DUI legislation, ensuring every defense reflects up-to-date law.
Trial-Ready Negotiation
Strong negotiation outcomes come from a credible willingness to take cases to trial. Prosecutors take that seriously.
Direct Attorney Access
You work directly with Wesley Rhodes throughout your case — not a paralegal or junior associate.
DWI FAQ
What should I do if I am pulled over and suspected of DWI?
If an officer suspects you of DWI:
- Stay calm and keep your hands visible
- Provide license, registration, and proof of insurance
- Decline to answer guilt-seeking questions such as “How much have you had to drink?”
- Politely decline field sobriety tests (you are not legally required to take them)
- Do not consent to a search unless required by law
Anything you say or do will be recorded and may be used against you. Contact an attorney as soon as possible after the stop.
Do I have to take field sobriety tests in Arkansas?
No. Field sobriety tests (FSTs) such as the walk-and-turn, the one-leg stand, and the HGN test are voluntary. Officers may strongly imply you must take them, but Arkansas law does not require it.
These tests are subjective, often administered incorrectly, and can be challenged in court. Refusing FSTs does not carry a penalty.
Can I refuse a breath test?
You can refuse, but refusal triggers an Administrative License Suspension (ALS) through the Arkansas Office of Driver Services as well as potentially additional charges. A refusal can result in:
- Suspension of your driver’s license
- Installation of an ignition interlock device to regain limited driving privileges
- Additional fines
However, refusal may also prevent the State from obtaining key evidence. An attorney can advise whether refusal helps or hurts your case based on your circumstances.
Will I automatically lose my driver’s license after a DWI arrest?
Not automatically. In Arkansas, DWI cases have two separate processes.
- Criminal court case (handled in district or circuit court)
- Administrative license suspension (handled by Driver Control)
You have the right to request an administrative hearing, but the deadline is very short (7 calendar days). An attorney can help you challenge the suspension and seek a restricted permit.
Can I beat a DWI charge in Arkansas?
Yes. Many DWI cases have significant weaknesses such as:
- Illegal traffic stops
- Improperly administered field sobriety tests
- Poorly calibrated breath-testing machines
- Lack of actual physical control of the vehicle
- Failure to follow implied consent procedures
- Missing or corrupted video evidence
DWI cases are highly technical. A strong defense requires examining footage, data logs, officer training, and testing protocols.
What does “actual physical control” mean?
Arkansas law allows a DWI conviction even if the vehicle was not moving. Courts consider factors such as:
- Whether the keys were in the ignition
- Whether the engine was running
- The person’s location inside the vehicle
- Whether the person intended to drive
Many DWI arrests occur in parking lots or driveways. These cases often have strong defenses depending on the facts.
How does a DWI affect my insurance?
A DWI conviction can cause:
- Significant premium increases
- Cancellation of your policy
- SR-22 insurance requirements
However, avoiding a conviction — through dismissal, reduction, or acquittal — can often prevent or reduce these consequences.
What happens if I am charged with DWI for the first time?
Penalties may include:
- Fines
- Court costs
- Alcohol education classes
- A driver’s license suspension
- Community service
Jail is possible but not always required. Many first-time cases can be resolved without incarceration, depending on the evidence.
Does a prior out-of-state DWI count in Arkansas?
Yes. Arkansas can treat out-of-state DWI convictions as prior offenses if they fall within the statutory “look-back” period. This can increase penalties for a new DWI. Your attorney can review whether the prior conviction is legally comparable under Arkansas law.
What if I was arrested for DWI drugs instead of alcohol?
DWI-drug cases often involve:
- Blood tests
- Drug recognition evaluations (DREs)
- Allegations of impairment by prescribed medications
These cases can be even easier to challenge than alcohol DWIs because impairment is harder to measure and officers often rely on subjective observations.
Do I need a lawyer for a DWI?
Yes. DWIs carry consequences that extend far beyond fines and short-term penalties:
- Criminal record
- Loss of driving privileges
- Employment issues
- Immigration consequences
- Increased insurance rates
A DWI defense lawyer can evaluate the legality of the stop, challenge testing procedures, and fight for the best possible outcome.
Additional Resources
- How to Save Your License After a DWI Arrest in Arkansas (The 7-Day Rule)
- The True Financial Cost of a DWI in Arkansas
- DWI vs. DUI in Arkansas — What’s the Difference?
- Do You Lose Your License Immediately After a DWI in Arkansas?
- Can You Be Convicted of DWI in Arkansas Without a Chemical Test?
- Arkansas DWI Penalties: First, Second, Third, Fourth, Fifth, and Sixth Offenses
- What to Expect After a DWI Arrest in Arkansas
- Can You Beat a DWI in Arkansas? Common Defenses That Work
- Can You Refuse a Breath Test in Arkansas?
- Can You Get a DWI in Arkansas for Prescription Medication?
Committed To Minimizing The Consequences Of Your Charges
Making smart choices in the days after a DWI arrest can dramatically limit the impact on your driving privileges, insurance rates, and criminal record. Trying to navigate the Arkansas court system on your own often results in spending extra time in jail and paying higher fees.
If law enforcement violated your rights or failed to follow appropriate procedures during your arrest, our lawyer will take the steps necessary to protect your future and your driving privileges. There are many procedural safeguards that police must obey, and their failure to do so could result in your case being dismissed.
Arrested for DWI in Arkansas?
The 7-day administrative deadline is already running. Don’t lose your license by default — and don’t face the criminal case without an experienced advocate.
To speak with an experienced Little Rock DUI lawyer, give us a call at 501-301-4591 or contact us online today.