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Drug DWI/DUI Defense Made Simple

Understanding Drug DWI/DUI Charges in Arkansas

Under Arkansas Code Annotated § 5-65-103, it is unlawful to operate or be in actual physical control of a vehicle while under the influence of any intoxicant—including illegal drugs, prescription medications, or controlled substances—to a degree that impairs safe driving.

Unlike alcohol-based DWI cases, there is no legal threshold (such as .08 BAC) for drugs. This implies that even if there are traces of the drug in your system, you can’t be convicted simply based on such evidence. The state must prove the drug was present enough, both in quantity and manner, to cause impairment of the driver.

Common Drugs That Lead to DWI With Drug Charges

Some common drugs that lead to DWI with drug charges are as follows:

• Illegal Drugs: Marijuana, cocaine, heroin, methamphetamine, ecstasy, etc.

• Prescription Medications: Opioids (e.g., Oxycodone, Hydrocodone), benzodiazepines (e.g., Xanax, Valium), muscle relaxants, sleeping pills, certain antidepressants, or any other prescribed drug that can cause impairment. Just because you had a valid prescription for the substance doesn’t mean you are off the hook – especially if it affected your ability to drive.

• Over-the-Counter Medications: Certain cold medicines, antihistamines, or other non-prescription drugs that cause drowsiness or impair faculties.

• Combinations: Being under the influence of both alcohol and drugs, or multiple drugs.

For the arrest itself, officers rely on field observations, blood or urine tests, and sometimes Drug Recognition Expert (DRE) evaluations to make the initial arrest. This makes drug-related DWI/DUI cases especially complex—and vulnerable to legal challenge.

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Penalties for Drug DWI/DUI in Arkansas

Penalties for a conviction depend on prior offenses, substance type, and whether aggravating factors apply:

Charged with a Drug DWI/DUI? The Sooner You Call, The Better Your Chances

If you’ve been charged with driving while intoxicated by drugs in Arkansas, time is critical. Drug-related DWI/DUI charges can lead to license suspension, heavy fines, and even jail time—but early intervention by a skilled defense team can make all the difference.

At Ludwig Law Firm, we understand how a single traffic stop can spiral into a serious criminal accusation. Our attorneys prepare every case like it’s going to trial. From Pulaski County to Benton, Conway, and beyond, we use proven legal strategies to challenge chemical tests, officer procedures, and evidence collection at every stage. This guide explains the offense in simple terms, how to beat it, and why you should choose our firm to take your case.

If you want to speak with an attorney now, give us a call at 501-838-4043. Otherwise, read on to understand the basics of DWI drug offenses in Arkansas.

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Aggravating Factors that Enhance Penalties

Certain circumstances can elevate a Drug DWI/DUI from a misdemeanor to a felony or result in sentence enhancement:

• Prior DWI or DUI convictions within 5 years.

• Accidents causing injury or death.

• Presence of a passenger under the age of 16

• High levels of controlled substances confirmed by lab testing.

• Refusal to submit to a chemical test.

• High BAC in addition to the drugs

These factors can lead to longer license revocations, higher fines, and mandatory ignition interlock installation upon reinstatement.

Impact of a Drug DWI/DUI Conviction

A conviction affects nearly every aspect of your life:

• Employment: Commercial drivers can lose their CDL under Ark. Code § 27-23-112.

• Professional Licenses: Healthcare, transportation, and security professionals may face disciplinary action.

• Insurance: Premiums can triple or lead to cancellation.

• Future Cases: Any later offense—alcohol or drug-related—counts as a repeat DWI, with enhanced penalties.

Plus, beyond legal penalties, social stigma can drain opportunities dry, such as current or prospective employment, personal and professional relationships, and professional licensing. If you are facing consequences such as these, remember that at Ludwig Law Firm, We Simply Win.

Our team works to minimize these issues by working towards dismissals or reduced charges. We aggressively defend our clients with a combination of serious legal knowledge and strength, offering affordable defense options that open the door to more people.

For example, one client said of our service, “You don’t want to cheap it up when it comes to great legal defense, and honestly, [Harry and Kale] were more than fair and offered a payment plan that was affordable.”

Ready To Talk to a DWI Lawyer Now? Call to Book Your Free Case Review and speak with Kale Ludwig immediately.

How Drug DWI/DUI Charges Are Handled Locally

In Pulaski County District Court, drug-related DWI cases often proceed through specialized DWI and Drug Court programs, designed for rehabilitation and reduced recidivism. These programs require compliance with strict monitoring, testing, and counseling.
Learn more about Pulaski County’s Sobriety Court and how participation can sometimes reduce sentencing exposure.

In addition to these programs, local knowledge is needed to navigate the courts and work within the unique legal processes involved. For example, understanding the strategies used most by local prosecutors, or knowing how to work within specific local regulations. Ludwig Law Firm has tried cases in Pulaski for over 40 years, positioning us as a top defense team for DWI cases. We customize our own strategies based on factors like arrest location, past interactions with arresting officers, and, of course, the specific prosecutor handling the case.

Our Approach at Ludwig Law Firm

At Ludwig Law Firm, we prepare every DWI case for trial from day one. Our attorneys conduct independent toxicology reviews, subpoena lab procedures, and investigate every stop for constitutional violations. We’ve offer you 43+ years of legal insight, affordable payment plans, and access to a dedicated and thorough staff of attorneys and legal assistants in order to simply win your case and bring you peace of mind.

We also often team up with firms like Harry Warden Law Firm, a Superlawyers Rising Star who brings aggressive litigation to the table. When a case demands both finesse and firepower, a Ludwig and Warden partnership gives clients the full spectrum of criminal defense in Arkansas.

Take Action Now — Protect Your Rights

If you’ve been arrested for a Drug DWI/DUI in Little Rock or anywhere in Arkansas, don’t wait to act. The earlier your attorney intervenes, the better your chances of suppressing evidence or avoiding conviction.

Call Ludwig Law Firm today at 501-838-4043 or visit ludwiglawfirm.com to schedule your free consultation.

Disclaimer:
The information provided in this page is for general informational purposes only and is not intended as legal advice. Reading this page or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information here without first consulting a licensed attorney about your specific situation.

Ludwig: Law Made Simple

If you want to see different ways we can help you, take a look at our blog, Law Made Simple! Here, we break down ways to protect your rights, highlight recent clients wins, and provide commentary on the impact of current events on the legal landscape.

Frequently asked questions

Can I be charged with DWI if my prescription caused impairment?
Yes. Even legal medications—like Xanax, hydrocodone, or Ambien—can trigger a DWI charge if they impair your ability to drive safely.

Will my driver’s license be suspended after a drug-related DWI arrest?
Typically, yes. The DFA can suspend your license administratively, even before a conviction, unless you request a hearing within 7 days of your arrest.

Can a Drug DWI be expunged in Arkansas?
Under certain conditions, first-time offenders who complete all court requirements may petition for expungement. Felony DWI convictions, however, are generally ineligible.

What’s the difference between a DWI and DUI in Arkansas?
DWI applies to adults driving under the influence of alcohol or drugs. DUI generally applies to drivers under 21 with any detectable amount of alcohol.

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