If you’re reading this article, you’re probably more than well aware that drinking and driving is a huge mistake with enormous and devastating consequences. You already know that there’s no circumstance in which getting behind the wheel of a car while intoxicated is worth it– and that you’re not only putting yourself in danger, but endangering the lives of everyone else who’s out on the roads. 

You know that you might escape without a scratch, but your reckless behavior could cause lifelong injuries to someone else– something you’d have to deal with for the rest of your life.

All of these things have probably been circling your mind nonstop, because it’s likely that you’ve recently gotten a DWI in Arkansas and are unsure what your next steps should be.

When you first get pulled over

To protect yourself legally, there’s a few things you should be careful about when you initially get pulled over if you’ve been drinking or using substances at all.

First, never admit to the police officers that you’re intoxicated or that you’ve been drinking at all– don’t say “I had a beer earlier” or “I had some wine with dinner”. You don’t have to answer the question, and you also don’t have to take a field sobriety test. Statistically, you’re much less likely to be charged with a DWI if you refuse to take the test and refuse to answer the question.

Remember that it’s much better to avoid the test than take it and fail. The tests are purposefully difficult, and if you’re even slightly impaired or even just really tired, you’re in danger of failing. 

Things get a little trickier when it comes time for a Breathalyzer or blood alcohol test. This is really a no-win scenario– but if you’ve willfully gotten behind the wheel of a car while intoxicated, perhaps it’s not your day for a win. 

You are legally permitted to refuse the Breathalyzer or blood alcohol test– but doing so has immediate consequences. In Arkansas, this means that you’ll lose your license for six months, and will receive a charge stating that you refused to submit to testing. 

But without a blood alcohol test or failed field sobriety test, you are much less likely to be charged with a DWI– and while losing your license for six months sounds pretty bad, the consequences for a DWI are much worse. In Arkansas, you’re also looking at jail time and a hefty fine– and we think you’ll agree that losing your license for six months sounds a lot better than spending up to a year in jail.

What happens next

Obviously, the law enforcement officers aren’t going to just let you get back in your car and drive away. Whether you refuse testing or not, they will most likely impound your car. You’ll probably be cuffed and taken to the closest police station. If it’s your first offense, you will most likely be released into the care of a family member or friend. 

It’s absolutely imperative that, as soon as possible, you must call your lawyer here at Digby Law Firm in order to get started on protecting your rights and freedoms. Don’t make any kind of statement to the police– just get in contact with us as soon as possible. We’ll instruct you on what happens next.

In situations like this, remember that it’s very easy to inadvertently incriminate yourself. Your best course of action is to keep quiet and call your lawyer. We’re here to help, and you can reach us at 501-500-9292, at Bobby@BobbyDigbyLaw.com, or through our website.