A felony DWI charge in Arkansas carries life-altering consequences. Unlike misdemeanor DWI offenses, a felony DWI can result in significant prison time, long-term or permanent loss of your driver’s license, and a criminal record that follows you for the rest of your life. These cases are prosecuted aggressively, leaving little room for error.
The Law Group of Northwest Arkansas represents individuals facing felony DWI charges throughout Fayetteville, Bentonville, Rogers, Springdale, and surrounding communities. We understand how Arkansas courts handle high-level DWI cases, and our experienced DWI attorneys know how to challenge evidence, protect your rights, and fight for the best possible outcome under the law.
Call (479) 316-3760 or contact us online to schedule a confidential consultation with a felony DWI defense attorney.
Charged With a Felony DWI in Arkansas? You Still Have Options.
Being charged with a felony DWI is overwhelming. You may be facing prison time, wondering if you will ever be able to drive again, or worrying about how this charge will affect your career, family, and future. Many people assume that a felony DWI automatically means conviction, but that is not always the case.
Felony DWI cases often involve prior convictions, high BAC levels, accidents, or injuries, which makes early legal representation critical. The sooner an experienced DWI attorney becomes involved, the more opportunities there may be to challenge the charges, suppress evidence, or seek reduced penalties.
When Does a DWI Become a Felony in Arkansas?
Under Arkansas Code § 5-65-103, a DWI may be elevated from a misdemeanor to a felony based on prior convictions. Felony DWI charges are intended for repeat offenses and situations involving heightened risk to public safety, as such they carry significantly harsher penalties.
Fourth or Subsequent DWI Offense
A DWI is commonly charged as a felony when a driver has three or more prior DWI convictions within Arkansas’s statutory lookback period. Prosecutors rely heavily on prior convictions to seek enhanced penalties, making it essential to verify whether those prior offenses legally qualify for felony enhancement.
DWI Involving Injury or Death
If a DWI-related incident results in serious bodily injury or death, a DWI may be filed in Felony Court with other criminal charges. These cases often involve aggressive prosecution and substantial prison exposure due to the severity of the alleged harm.
Felony DWI cases are handled differently from misdemeanor DWI cases and often move quickly through the court system. Because these charges carry mandatory incarceration ranges and long-term consequences, it is critical to work with a defense attorney experienced in felony DWI prosecutions to protect your rights and future.
Penalties for Felony DWI Convictions in Arkansas
Felony DWI penalties are severe and increase depending on the number of prior convictions and the facts of the case. A felony DWI conviction may result in:
- Significant prison time, often ranging from one to six years or more
- Fines up to $5,000
- Long-term or permanent driver’s license revocation
- Mandatory ignition interlock device if driving privileges are restored
- Court-ordered alcohol or substance abuse treatment
- Extended probation and court supervision
Additional factors such as prior felony convictions, accident-related injuries, or refusal to submit to testing can increase both incarceration time and fines.
Will I Go to Prison for a Felony DWI in Arkansas?
Felony DWI cases often carry mandatory incarceration, especially for third or subsequent offenses. However, sentencing outcomes depend on several factors, including the nature of prior convictions, the court handling the case, and whether any aggravating circumstances are present.
Factors that may influence prison exposure include:
- Number of prior DWI convictions
- Time between offenses
- BAC level at the time of arrest
- Whether injuries or property damage occurred
- Compliance with prior court-ordered treatment
An experienced felony DWI attorney may be able to seek reduced charges, alternative sentencing, or treatment-based resolutions in appropriate cases.
Driver’s License Revocation in Felony DWI Cases
Felony DWI convictions almost always result in long-term license revocation through the Arkansas Office of Driver Services. In some cases, revocation can last for several years or be permanent.
A DWI lawyer can assist with:
- Requesting administrative hearings
- Appealing license revocation decisions
- Determining eligibility for restricted or hardship licenses
- Navigating ignition interlock requirements
Protecting or restoring driving privileges is critical to maintaining employment and fulfilling family responsibilities.
Defending Against Felony DWI Charges
Felony DWI cases are far more complex than misdemeanor DWI charges and require an aggressive, detail-oriented legal defense. An experienced felony DWI attorney can identify weaknesses in the state’s case and pursue strategies that may significantly reduce exposure.
Possible defense strategies may include:
- Challenging the legality of the traffic stop or arrest: If law enforcement lacked reasonable suspicion or probable cause to stop your vehicle or make an arrest, key evidence may be suppressed, weakening the prosecution’s case.
- Questioning the accuracy and handling of blood or breath tests: Chemical testing is a highly technical process, and errors in calibration, administration, storage, or the chain of custody can produce unreliable results.
- Contesting refusal allegations: In some cases, a refusal charge may be improperly documented or based on unclear instructions, medical issues, or procedural errors by law enforcement.
- Examining whether prior convictions qualify for felony enhancement: Not all prior DWI convictions automatically count toward felony status. We carefully review timelines, jurisdictions, and procedural history to determine whether enhancement is legally appropriate.
At The Law Group of Northwest Arkansas, we prepare every felony DWI case as if it is going to trial. This trial-ready approach allows us to uncover critical issues early, apply pressure during negotiations, and present a strong defense in court when necessary.
Top Questions About Felony DWI Charges in Arkansas
How long does a felony DWI stay on your record in Arkansas?
A felony DWI conviction remains on your criminal record permanently unless post-conviction relief or sealing becomes available. It can impact employment, housing, professional licensing, and future sentencing if additional charges are filed.
Is a felony DWI different from a misdemeanor DWI?
Yes. Felony DWI charges carry significantly harsher penalties, including prison time and long-term license revocation. These cases are prosecuted more aggressively and require a higher level of legal defense.
Can a felony DWI be reduced to a misdemeanor?
In some cases, yes. Legal defenses, procedural errors, or challenges to prior convictions may allow for reduced charges or alternative sentencing, depending on the facts of the case.
Can I ever get my driver’s license back after a felony DWI?
Possibly. While revocation periods are long, some drivers may eventually qualify for reinstatement or restricted privileges after meeting strict legal and administrative requirements.
Protect Your Future With an Experienced Felony DWI Attorney in Northwest Arkansas
Felony DWI charges put your freedom, driving privileges, and future at serious risk. Courts and prosecutors expect accountability, but that does not mean you should face these charges alone. Early legal representation gives you the best chance to challenge the evidence, reduce penalties, and protect your rights.
The Law Group of Northwest Arkansas offers experienced, strategic defense for felony DWI cases throughout Fayetteville, Bentonville, Rogers, Springdale, and the surrounding areas. We understand local courts and know how prosecutors approach these cases, tailoring every defense to the individual client.
You Still Have Legal Options After a Felony DWI Arrest
A felony DWI charge does not define you, but how you respond can shape your future. With skilled legal representation, it may be possible to reduce penalties, protect your driving privileges, and move forward. Call The Law Group of Northwest Arkansas at (479) 316-3760 or contact us online today to speak with an experienced felony DWI defense attorney.