Aggravated DWI Defense in Fayetteville

Former Prosecutors Defending Serious DWI Charges in Fayetteville

A serious DWI arrest involving prior convictions, a crash, an alleged serious physical injury, or a death may put your freedom, driving privileges, employment, finances, and professional responsibilities at risk. We examine the charging documents and evidence because Arkansas law doesn’t use “aggravated DWI” as a single label for every serious impaired-driving case.

The exact charge and potential consequences depend on the allegations, prior qualifying convictions, severity of any injuries, and whether another person died. We begin by comparing the driver’s account with the arrest report, chemical-test results, field sobriety evidence, video, crash evidence, and information about any alleged injuries.

Call (479) 202-4541 to discuss your Fayetteville aggravated DWI case and any immediate deadlines or court obligations.

What “Aggravated DWI” May Mean Under Arkansas Law

People often use aggravated DWI to describe an impaired-driving allegation made more serious by prior convictions, injury, or death. The filed offense may instead be a felony DWI, a DWI accompanied by another criminal charge, or a homicide allegation such as negligent homicide. The prosecution’s charging language matters because each offense has its own required proof and potential consequences.

Arkansas law defines intoxication to include impairment caused by alcohol, a controlled substance, another intoxicant, or a combination of substances. The impairment must affect reactions, motor skills, and judgment to a degree that creates a clear and substantial danger of physical injury or death.

Factors that may change the nature of the case include:

• Prior DWI convictions: A fourth offense within 10 years is an unclassified felony carrying a possible incarceration range of one to six years. A fifth or subsequent offense within 10 years carries a possible range of two to 10 years.
• Serious physical injury: Arkansas defines this as an injury creating a substantial risk of death, protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of a body part or organ.
• Death allegations: An impaired-driving death may lead to a separate homicide charge, depending on the alleged conduct and supporting evidence.
• Other circumstances: License status, test results, an alleged refusal, and additional case facts may affect the charges or related proceedings.

How We Investigate a Serious Fayetteville DWI Case

We review video evidence, the legal basis for the traffic stop, license status, and available defense strategies. When a crash is involved, we may also examine witness accounts, accident evidence, medical records, and the prosecution’s proof connecting the alleged impairment to an injury or death.

The criminal prosecution and any driver’s license suspension may involve different procedures, deadlines, and decision points. A prompt review can identify the applicable court dates, license issues, and evidence requests.

Important areas for investigation may include:

• The traffic stop: Whether officers had a lawful reason to stop or detain the driver.
• Field sobriety evidence: What instructions officers gave, how they administered the tests, and what the recordings show.
• Chemical testing: How breath, blood, or urine evidence was requested, collected, handled, and reported.
• Prior convictions: Whether the records establish identity, qualifying dates, jurisdiction, and legally usable prior offenses.
• Injury or death evidence: Whether the prosecution can prove the required injury, conduct, and causation elements for each filed charge.