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Attorney Tom Marks -  Skilled, Qualified, Confident, Trustworthy

DWI Lawyer in Bentonville

Fighting for Your Rights, Freedom & Driving Privileges in Arkansas

Car keys, handcuffs and alcohol - Arkansas DWI Laws

If you've been charged with drunk driving in Arkansas, don't hesitate to seek effective legal representation. To reduce the risk of having your license suspended or facing more serious consequences, you need a reputable DWI lawyer by your side immediately. Marks Law Firm has helped countless clients in the Bentonville area and throughout Northwest Arkansas with their DWI cases. You can trust Attorney Tom Marks to help you, too.


Call (479) 202-4541 today to schedule a consultation with a renowned Bentonville DUI lawyer. You can meet with me in a free consultation.


Can You Refuse to Take a Breathalyzer Test in Arkansas?

You can refuse to take a breathalyzer test. However, refusing to take the test implies will lead to different consequences. Although you have the "right" to refuse a test, it may constitute the separate violation of "Refusal." The results of a portable breathalyzer test are not even admissible in court due to the technology's inherent unreliability. Arkansas has an "implied consent" law that states that if you drive, you have "impliedly consented" to take a breathalyzer or another chemical test such as blood, or urine. Although an officer cannot physically force you to take a breathalyzer or other chemical test (except with a search warrant issued by a judge), you will be charged with a Refusal to Submit to a Chemical Test if you refuse to take such a test. If you want to know if you should refuse the test or not, you must evaluate your own personal consequences, typically relating to the associated drivers license suspension that will likely result, if you take the test or if you refuse.

What is the Difference Between DUI and DWI in Arkansas?

In Arkansas, DWI refers to an adult who has a BAC greater than 0.08. A DUI, on the other hand, refers to an underage (younger than 21) driver with a BAC between 0.02 and 0.08. For someone’s first DWI, their license will be suspended for 6 months. For each subsequent DWI in a 5-year period, that suspension increases. If you have received a fourth DWI within a five year time span, your license will be revoked permanently.

How Many DWIs is a Felony in Arkansas?

In Arkansas, 4 or more DWIs is considered a felony. If you are convicted of a felony DUI, you are facing a four-year license revocation (with no possibility of a restricted license) and the possibility of spending years behind bars.

What Are the Penalties for a DWI in Arkansas?

The penalties for a DWI in Arkansas are a license revocation or suspension and also the following:

  • First offense: punishable by up to 1 year in prison and up to $1,000 in fines. Instead of of a prison sentence the court may order 30 days of community service.
  • Second offense within 5 years after first offense: punishable by up to 1 year in prison and up to $3,000 in fines. Instead of a prison sentence the court may order 60 days of community service.
  • Third offense within 5 years after first offense: up to 1 year in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 90 days of community service.
  • Fourth offense within 5 years after first offense: a felony punishable by up to 6 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 1 year of community service.
  • Fifth offense within 5 years after first offense: a felony punishable by up to 10 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 2 years of community service.

You will also face tougher penalties if your DWI lead to severe injuries or death.

Marks Law Firm is Committed to Your Success

Attorney Tom Marks has extensive experience working as both a prosecutor and a defense lawyer dealing with DWI/DUI cases.

When you reach out to Marks Law Firm, Attorney Tom Marks will:

  • Collect video evidence
  • Investigate the validity of your traffic stop
  • Check on the current status of your license
  • Try to get your charges reduced or dropped

I have established strong professional relationships with many different prosecutors in the area, as well as with many of the local judges. They are well aware of my reputation and my long track record of success. Using a wide variety of innovative case strategies, I work relentlessly to preserve my clients’ driving privileges and reduce the impact of their DWI charges. I can help you, too.

Why Should You Choose Us?

  • I am deeply familiar with all aspects of Arkansas DWI laws.
  • I can proficiently navigate you through the criminal proceedings as I help you make well-informed decisions about the future.
  • I will ensure you are aware of all the long- and short-term consequences of your choices
  • I have the skill set and experience required to help you fight these serious charges.

Contact Marks Law Firm now at (479) 202-4541 to speak with a Bentonville DWI lawyer about your case. I am more than happy to answer your questions and address your concerns.


I will always put your best interests first. -  Attorney Tom Marks