Best DUI Lawyers in Fort Smith

FAQs

• What is the non-emergency contact number for the local police station in Fort Smith, Arkansas?

  For non-emergency matters, you may call the Fort Smith Police Department at 479-709-5000.

• Where can I get a copy of police reports for incidents related to my case in Fort Smith, Arkansas?

  To retrieve a copy of a Fort Smith police report related to your incident, fill out and submit the online form at https://www.fortsmithpd.org/index.php/how-do-i/find-an-incident-report.

• What is the difference between getting a DWI and DWAI in Fort Smith?

  Fort Smith has two levels of drunk driving offenses, namely DWI and DWAI, or driving while ability impaired. Those found with a blood alcohol content (BAC) of .08% or higher will be booked for DUI, while those found with any blood alcohol percentage less than 0.08% will be booked for DWAI. Although DWAI charges are usually considered minor compared to DUI, and offenders will not automatically get a license suspension, both offenses carry similar penalties for convictions, including jail or prison sentences, hefty fines, and counseling.

• What are the usual penalties for a first-time DWI offender in Fort Smith?

  First-time DWI offenders in Fort Smith will get a criminal misdemeanor under their record. The penalties typically include a fine of $150 to $1,000, 24 hours to one year in jail, and a six-month license suspension. Any subsequent DWI convictions within five years of a previous conviction may result in a harsher punishment.

• Will you always face jail time if you get a DWI conviction in Fort Smith?

  No. In reality, the judge has the final say on your sentence. If he or she deems that incarceration is not necessary in your case, you might be ordered to complete community service instead. The time you will serve usually depends on whether you have just one or multiple DWI convictions. The period of community service usually starts at 24 hours.

• How can a Fort Smith DWI lawyer help you?

  If you get booked for a DWI in Fort Smith, you will need an experienced DWI defense attorney to help you have your case dismissed or your penalties lessened. Once hired, your DWI lawyer will protect your rights and privileges and also handle arrangements for all your hearings so you can get your driver’s license reinstated while the criminal proceeding is still pending. He or she can also help yoreinstate your licenseed on a provisional basis if it has already been suspended.

• Can you remove a DWI conviction from your criminal record in Fort Smith?

  Yes, it is possible for you to remove or expunge your DWI charges and conviction in Fort Smith. However, the process will not be quick. You will have to wait 10 years before it can be deleted. If you were convicted before July 2021, you might be able to seal your record after five years following the completion of your sentence, but you will most likely have to appeal to the Arkansas Court of Appeals before the record sealing can be granted for you.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.