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In Arkansas, a DWI (Driving While Intoxicated) arrest sets in motion both administrative and criminal processes—one of which includes appearing in court. Whether you’re facing a first offense or a repeat charge, court appearances are typically required. Unlike minor traffic violations that may be resolved by simply paying a fine, DWI cases in Arkansas are classified as criminal offenses, which means they must go through the judicial system.
The requirement to appear in court is not optional for most DWI cases. After an arrest, the individual is given a citation or notice that includes a court date. Failing to appear at this scheduled hearing can lead to additional legal consequences, including the issuance of a bench warrant. Even if the individual intends to plead guilty, that plea still must be entered in front of a judge unless alternative arrangements are officially made in advance.
While some people hope to avoid court altogether by paying a fine or handling things through paperwork, that is not how Arkansas handles DWI charges. These cases involve potential jail time, license suspension, fines, and other penalties that require judicial review and formal procedures. In many cases, multiple court appearances are necessary before the case is fully resolved.
This article explains why attending court is required after a DWI arrest in Arkansas, what to expect during those appearances, and whether any exceptions exist.
Why Court Appearance Is Required for a DWI in Arkansas
In Arkansas, a DWI is a criminal offense, not just a traffic citation. Because of this classification, the case must be reviewed and processed by a criminal court. This includes:
- Reading of formal charges
- Entry of a plea (guilty, not guilty, or no contest)
- Judicial oversight of any plea deals, penalties, or sentencing
Court appearances serve several functions, including protecting the defendant’s rights, allowing legal arguments to be presented, and ensuring that any outcomes are issued through proper procedures. The court is the only legal body that can impose criminal penalties such as jail time or probation.
Even in cases where the driver is considering a plea deal or plans to plead guilty, a court hearing is necessary to formally present and approve that decision. The judge must ensure the defendant understands the consequences and that the plea is entered voluntarily.
Additionally, DWI cases often involve multiple agencies, such as the local police department, the prosecutor’s office, and the Department of Finance and Administration (DFA). Court appearances help coordinate how each part of the case is handled.
What to Expect During the First Court Appearance
The first court appearance after a DWI arrest is typically the arraignment. This is when the individual appears before a judge to be formally advised of their rights and charges.
At the arraignment, the following takes place:
- The charges are read to the defendant
- The defendant is asked to enter a plea
- The judge may address bail or bond conditions
- Future court dates are scheduled
This appearance is usually brief but extremely important. If the defendant fails to appear, the court may issue a bench warrant for their arrest. That warrant remains active until the person returns to court and may lead to additional penalties.
If the defendant enters a not guilty plea, the case moves forward to pretrial hearings and, potentially, trial. If a guilty or no contest plea is entered, the court may proceed to sentencing or set a separate hearing date for that purpose.
In Arkansas, a defendant may have legal representation at this stage. If they do not have an attorney and cannot afford one, the court may appoint a public defender.
Are There Any Exceptions to Appearing in Court?
In most DWI cases, court appearance is mandatory. However, in some limited situations, the court may allow an attorney to appear on behalf of the defendant—particularly for early procedural matters.
Possible exceptions include:
- Attorney appearance in lieu of client for arraignment (only if allowed by the court)
- Remote appearances for certain hearings, if approved in advance
- Dismissal of charges before arraignment (rare)
These exceptions are case-specific and require advance permission from the court. They do not apply to all DWI cases and are more common in low-level, first-time offenses where no aggravating factors are involved.
Even in those cases, the individual must still comply with all legal procedures and may need to appear in person for sentencing or other major milestones in the process.
What Happens If You Miss a Court Date?
Failing to appear in court for a scheduled DWI hearing in Arkansas can result in serious consequences, including:
- Issuance of a bench warrant for arrest
- Additional criminal charges for failure to appear
- Revocation of bond or release terms
- Automatic license consequences through the DFA
Once a warrant is issued, law enforcement may attempt to serve it, or it may remain active until the individual is stopped for another violation. Either way, it adds complexity and potential penalties to the original DWI case.
If a court date is missed due to illness, emergency, or another valid reason, it’s important to contact the court immediately to explain the situation. In some cases, the court may reschedule the hearing, but this is not guaranteed.
Multiple Court Appearances Are Often Required
A single court appearance is rarely enough to resolve a DWI case in Arkansas. Most cases involve multiple steps, including:
- Arraignment
- Pretrial hearings
- Plea negotiations
- Trial (if applicable)
- Sentencing
Each step may require a separate appearance, depending on how the case progresses. The timeline can span weeks or even months, especially if the defendant is contesting the charges or the case involves complex evidence.
For this reason, it’s important to track all court dates, maintain communication with legal counsel, and stay informed about the status of the case.
Court Appearance vs. DMV Process
It’s worth noting that the court process is separate from the administrative license suspension handled by the Arkansas DFA. After a DWI arrest, the individual may face immediate license action—such as suspension—based on chemical test results or refusal to submit to testing.
This administrative process is not handled by the court and may proceed independently of the criminal case. However, both processes can affect driving privileges, and both often occur around the same time.
Failing to attend court does not cancel the DMV process, and vice versa. Each must be addressed separately, and both can have long-term consequences if ignored.
FAQ Section
Do You Have to Go to Court for a DWI in Arkansas?
Yes. DWI cases in Arkansas are criminal offenses and require at least one court appearance, typically starting with an arraignment.
Can a Lawyer Go to Court for Me?
Sometimes. An attorney may be allowed to appear on your behalf for minor procedural hearings, but in most cases—especially sentencing—you must appear in person.
What Happens If I Miss My Court Date?
Missing court can result in a bench warrant, additional charges, and loss of bond. Contact the court immediately if you miss a date due to emergency.
Is Court Required Even for a First Offense?
Yes. Even first-time DWI charges require a court appearance, as they involve criminal penalties such as fines, jail time, or license suspension.
Can the Case Be Settled Without Court?
Not typically. While plea deals may be reached, they still require judicial approval and a formal court process.
Are Court and DMV Hearings the Same Thing?
No. Court handles the criminal case, while the DMV (DFA) handles license suspension and administrative actions separately.
Conclusion
In Arkansas, going to court is a required part of the DWI process. These cases are not minor infractions—they are criminal charges that must be addressed through formal legal channels. Whether you plan to contest the charges, negotiate a plea, or plead guilty, at least one court appearance will be necessary, and often more.
Failing to attend can lead to additional legal trouble, including warrants, fines, or license complications. While legal representation can sometimes appear in your place, personal appearance is usually required—especially when it comes to entering a plea or being sentenced.
For a detailed overview of the court timeline and case progression, visit DUI Process And Timeline. For a breakdown of what happens from the initial traffic stop to the courtroom, see The DUI Process From Traffic Stop to Court.