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Felony DWI

Felony DWI Defense in Bentonville

Direct Representation for Felony Drunk Driving Charges

A felony DWI allegation calls for a defense grounded in both Arkansas DWI law and felony trial practice. At Nelson & Marks PLLC, we defend DWI and felony criminal cases with insight gained from handling DWI matters as prosecutors and defense counsel.

We’ve represented clients in Bentonville and throughout Northwest Arkansas on DWI charges for more than 12 years. Jonathan D. Nelson has tried more than 300 cases to verdict and argued cases before the Arkansas Court of Appeals. That trial and appellate experience matters when a felony case requires contested hearings, motions to suppress, or a jury trial.

Speak directly with a felony drunk driving attorney serving Bentonville about the charge, the evidence, and your next steps. Call (479) 202-4541 to request a free consultation.

When Arkansas DWI Becomes a Felony

Arkansas uses the term driving while intoxicated, or DWI, rather than DUI in its primary impaired-driving statute. Under Arkansas Code ยง 5-65-111, a new conviction becomes a felony after three or more qualifying prior DWI convictions within the applicable statutory lookback period. The classification and sentencing range depend on the number and timing of those convictions.

Felony DWI penalties increase with each qualifying offense:

  • Fourth offense: An unclassified felony carrying one to six years in prison and fines from $900 to $5,000.
  • Fifth offense: An unclassified felony carrying two to 10 years in prison and fines from $900 to $5,000.
  • Sixth or subsequent offense within 20 years: A Class B felony carrying five to 20 years in prison and a fine of up to $15,000.

A fourth or subsequent conviction also carries a four-year driver’s license revocation. Arkansas law doesn’t make a restricted license available during that period, and community service can’t replace the required imprisonment for a felony-level offense. Any ignition interlock requirements or later licensing options depend on the applicable law and the person’s circumstances.

Child Passengers & Vehicle Forfeiture

If a passenger under 16 was in the vehicle during a fourth-offense DWI, the minimum period of incarceration increases. Arkansas law also permits seizure or vehicle forfeiture in qualifying fourth-or-subsequent-offense cases. Because these consequences depend on the allegations and statutory conditions, we examine the offense history and the facts surrounding the vehicle before advising a client about possible exposure.

Incidents Involving a Death

A DWI incident resulting in death can lead to a separate negligent homicide charge, a Class B felony. This charge is distinct from a felony DWI based on repeat convictions and has separate elements the prosecution must prove. We assess each filed charge on its own legal and factual record.

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Charges Dismissed Aggravated Assault and Terroristic Threatening
  • Not Guilty Carrying a Prohibited Weapon
  • Not guilty On All Charges After a Trial Charges: Possession of a Controlled Substance and Possession of Drug Paraphernalia.
  • Not Guilty After a Trial Contempt of Court
  • Dismissed Domestic Assault Third Degree
  • Dismissed Domestic Battery

Building a Felony DWI Defense in Bentonville

Early defense work begins with preserving and examining the evidence. We move promptly to collect available video, investigate the basis for the traffic stop, and verify the client’s license status. We also identify any legally supported avenues for a reduction or dismissal, although no particular resolution is guaranteed.

From the first call through trial, clients work directly with Jonathon Nelson or Thomas Marks. We provide direct contact information and keep clients informed about filings, hearings, evidence, and decisions that may affect the defense. We explain the allegations and what the prosecution must establish at each stage.

Reviewing the Stop & Chemical Evidence

Arkansas DWI law applies when a driver has a blood alcohol concentration of 0.08% or higher or is otherwise intoxicated. A defense may examine whether the officer had a lawful basis for the stop, whether field sobriety tests were administered correctly, and whether medical conditions affected the observations or test results.

We also review breathalyzer reliability, compliance with chemical-testing procedures, access to independent chemical testing, and any Miranda violations. Chemical-test refusal is charged separately under Arkansas implied-consent law, so a refusal allegation must be evaluated independently from the underlying DWI allegation.

Charging Limits, Suppression Motions & Trial

Arkansas law bars plea bargaining a DWI offense down to a lesser non-DWI offense. It also prevents prosecutors from dismissing a DWI prosecution outright. Those restrictions don’t eliminate the defense’s ability to contest unlawful police conduct, unreliable evidence, or the prosecution’s ability to prove every required element.

A motion to suppress asks the court to exclude evidence obtained in violation of the law. When supported by the law and facts, suppression or trial can result in dismissal or acquittal. The outcome depends on the evidence, the court’s rulings, and the facts established during litigation.

How Felony DWI Cases Proceed in Circuit Court

Felony criminal charges arising in Bentonville proceed in the circuit court serving the area and are prosecuted by the local prosecutor’s office. Misdemeanor DWI matters are handled in district court. The circuit court process may involve arraignment, evidence exchange, pretrial motions, hearings, plea discussions within Arkansas’s statutory limits, and trial preparation.

We draw on our former-prosecutor perspective to assess how the state may organize its witnesses and evidence. We then focus the defense on the issues that matter in the individual case, including prior-conviction records, the legality of the stop, and the reliability of chemical-test evidence.

Discuss Your Case in a Free Consultation

We offer free consultations for DWI matters. Our contact form provides a convenient way to share initial information about the allegations, prior record, license status, and court process.

Get direct guidance from a felony drunk driving lawyer serving Bentonville. Call (479) 202-4541 to request your free consultation with Nelson & Marks PLLC.

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