DWI/DUI

Arkansas DWI/DUI Lawyer

Being charged with Driving While Intoxicated is serious. If you are facing a DWI or DUI in Arkansas, even if you have never had a DWI or DUI before, the stakes are high. DWI and DUI cases in Arkansas have very fast deadlines for certain steps, that will preserve your rights, to be taken. It is extremely important for your legal team to come out swinging and fight your case so you can be put in the best situation when the dust clears. 

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Driving While Intoxicated in Arkansas (DWI or DUI)

Laws about DUI’s (Driving Under the Influence) or DWI’s (Driving While Intoxicated) are very technical, and everyone seems to think that he or she is an expert. In our experience, most of the advice that people give is wrong. If you’ve been charged with a DWI, you need someone who knows the law and knows what to do to give you a fighting chance—an aggressive Arkansas DWI attorney. Some DWI’s really are winnable, but many are not. Because we are DWI attorneys and understand the law, we will be able to tell you where you stand and put you in a position to fight a conviction.

Under the Arkansas DWI and DUI laws, you can be convicted of a DWI for if the state can prove either:

1. You are in physical control of or operating a motor vehicle while intoxicated, or

2. You are in physical control of or operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or over. This number is 0.04 if you are a commercial driver (even if you’re not on the job or in your commercial vehicle!) and 0.02 if you’re under 21.

This is important. It means that the prosecutor doesn’t need your BAC to convict. He or she simply has to show beyond a reasonable doubt that you were intoxicated while you were in control of the vehicle. The term “intoxicated” is pretty broad; it pretty much means that your driving is affected, and it doesn’t matter whether it was drugs, alcohol, or both that were responsible.

The term “intoxication” in Arkansas means having “substantially impaired motor skills, reactions, and judgment due to an intoxicating substance.” A good DWI attorney will force a prosecutor to prove that the substance is truly an intoxicant and has truly substantially impaired all three.

What are the Penalties for a DWI or DUI in Arkansas? 

The penalties for an Arkansas DWI increase significantly every time you get one.

A first DWI carries a penalty of no less than one day and no more than one year in jail and a fine between $150 and $1000. The person will also have his or her license suspended for up to 180 days, depending on BAC.

DWI’s stack up based on previous convictions. So, when a person is convicted of a DWI, the Court will look back over a period of years and any other DWI’s can dramatically increase the sentence.

A second offense faces mandatory jail time of not less than 30 days and a fine from $400 to $3,000. 

A third offense carries a minimum of 90 days in county jail and from $900 to $5,000. Again, having a passenger under 16 in the car and one’s actual BAC are both factors that might make sentence more severe.

The fine and jail time are dependent on several factors, which include the following:

1. Whether there was a passenger under 16 in the car at the time of offense.

2. The driver’s BAC (anything over .15 is a harsher penalty).

Although most DWI’s are misdemeanors, it is important that you do whatever you can to protect yourself. A DWI can affect current or prospective employment and will make your insurance rates rise significantly. You are better off finding an experienced, aggressive Arkansas DWI attorney who understands the law and can make sure that you are able to fight a DWI conviction. If you need help with your situation, do not wait. Please call us 501-999-2569.

How long will my driver's license be suspended after a DWI/DUI arrest in Arkansas?

For a first offence DWI in Arkansas, your license will be suspended for six months.

For a second or third DWI in Arkansas, your license will be suspended for 24 to 30 months.

For a fourth DWI in Arkansas, your license will be suspended up to four years.

Regardless of the offence number, the driver must complete an alcohol education program and an impact panel class. 

How do I drive after being arrested for a DWI or DUI in Arkansas?

After an arrest for a DUI or DWI in Arkansas, you will have many decisions to make. The first thing many people do not think about is how they will continue to drive after a DUI or DWI arrest. In Arkansas, after an arrest for DWI, your driver’s license is taken from you by the police officer who arrested you, and then you must now figure out how you are going to continue to drive so your day-to-day life can continue as normally as possible between your arrest and your trial. 

After an arrest in Arkansas for a DWI, you will be issued a 30-day temporary driver’s license and will also be given a pink slip of paper telling you that you may contest the suspension by requesting an administrative hearing within 7 days of the actual arrest.

If you contest the suspension, a hearing will be held either in person or by phone with a hearings officer from the Arkansas Office of Driver’s Control. Depending on the facts of your case, hiring an Arkansas DWI Attorney may keep you from even having to attend the administrative hearing. The standard for the hearing is preponderance of the evidence, which is a lower standard than that required at trial, which is beyond a reasonable doubt. For this reason, a person rarely wins if he or she contests the suspension, however depending on the facts of your case, it may be beneficial for your attorney to have an opportunity to cross examine the officer at the initial drivers control hearing. 

Contesting the suspension is not your only option if you wish to keep driving after an arrest for DWI in Arkansas. You may also ask to be considered for a restricted driving permit. A restricted driving permit is possible if you meet all of the following qualifications: 

1.) Your intoxication was due to the ingestion or use of controlled substance, and you have not had a prior drug or alcohol related offense within the last 5 years 

2.) You are charged with underage DUI, BAC .02-.07, and you have not had a prior drug or alcohol related offense within the last 5 years

3.) You did not refuse to submit to the test(s)

4.) You are not a multiple traffic law offender

5.) You do not present a threat to the general public. 

If you meet all the above conditions, the Arkansas Office of Driver Control may issue you a restricted driving permit. However, restricted permits to drive commercial vehicles are not issued in Arkansas. If, at your hearing, you are found to have been driving while intoxicated, or you refused to submit to the BAC test, or you registered a BAC of .08 or higher, you will receive a license suspension and a permit or restricted license is now your option to drive. If you do not qualify, or are not issued a restricted driving permit, you may request an Interlock-restricted Arkansas Driver’s License. 

If you are granted an Interlock-Restricted Arkansas Driver’s License, you will be given an Interlock Order by the Office of Driver Control. The Interlock Order will state the length of time which you must keep the Interlock device installed in your vehicle. For a first offense it is a 6-month time period, a second offense is a 24-month time period, a third offense is a 30-month time period, and a fourth offence carries a 4-year suspension. 

With your Interlock order, you will be given a list of service providers who will install and service your Interlock device. You may choose any of the provider you wish. Different providers use different Interlock manufacturers and different Interlock devices. You must take your Interlock order to the installer of your choice and then provide proof of instillation to the Arkansas Drivers Control office. 

The Interlock order will also tell you if you are required to attend a victim impact panel and provide proof of attendance as well as any other qualifications which must be fulfilled before a non-restricted license is again granted to you. 

Your Interlock order will also inform you of where any drug or alcohol education or treatment programs are located and how to contact those services if you are required to participate in any treatment. 

The Interlock order will also give you all the necessary information of the MADD victim impact panel, such as how to set up attendance, what to bring, and how the program will run. 

As if that was not already enough information, you may even fit into yet another scenario. If you happen to work for a company that you do not own, and you happen to drive a company car for that company, you may be eligible for a non-interlock waiver to allow you to drive a company vehicle that does not have an interlock installed.

When navigating through all the issues that arise after an Arkansas DWI or DUI arrest, you will need an experienced attorney who is willing to fight for you and your rights. At Clow Law, we provide experienced and aggressive DWI and DUI representation through all stages of your case.

What is the legal blood alcohol limit for drivers under 21 years old in Arkansas?

In Arkansas, if you are under 21, the legal limit for blood alcohol reduces from .08 to only .02 under the Arkansas DWI laws. 

What are the Arkansas Field Sobriety Tests?

Horizontal Gaze Nystagmus Test or HGN (The Eye Test)

Many people are somewhat familiar with the tests that are given by police officers when they are investigating a possible DWI or DUI in Arkansas. The first test which comes to mind for people when they think about DWI testing is the eye test, or the Horizontal Gaze Nystagmus test. To understand the HGN test, you will first need to know what Nystagmus is. Nystagmus is defined by the American Optometric Association as “a vision condition in which the eyes make repetitive, uncontrolled movements.” Basically, Nystagmus is when your eyes look like they are jerking when they are following an object; this is something that is involuntary and cannot be controlled. 

Due in part to a person’s inability to control Nystagmus, it is said to be the most reliable of the field sobriety tests. A total of six clues can be found during the administration of the HGN testing (3 clues for each eye). The test is designed to start with the person’s left eye being examined for any of the three cues. Afterwards, the right eye is examined.

The first clue officers will look for is lack of smooth pursuit. They are looking to see if your eyes track smoothly from one side to the other, or whether your eyes begin to start jerking, which would be an indication of Nystagmus. When you are impaired by alcohol, your eyes lose their ability to track objects smoothly. The officer will check each eye individually for lack of smooth pursuit. 

Second, the officer will check to see how each eye reacts once it has moved as far to one side as possible. Officers are trained to look for “distinct and sustained” nystagmus at what is referred to as at “maximum deviation.” What the officer is looking for in each eye at this part of the test is if your eyes are twitching or jerking when you are looking as far to one side as possible. The officer will observe each eye individually and may observe one clue for each eye during this part of the test.

The third thing an officer will be looking for is referred to as “onset of nystagmus prior to 45 degrees.” When the officer is watching the eyes move from one side to the other, they are looking to see if your eyes start jerking before the imaginary 45-degree point during the test. Again, an officer must observe each eye individually and may observe one clue for each eye during this portion of the test. 

NHTSA bases the use of the HGN test off a study by the Southern California Research Institute. Through the research provided by SCRI, the HGN test is said to be 77% accurate at detecting impairment in a person who has a blood alcohol level of .01 or higher. 

Of all field sobriety test administered, NHTSA purports the HGN to be the most reliable of the field sobriety tests. However, the HGN test is rarely used alone. In most potential DWI encounters, police will use a battery of tests to complete their assessment of whether or not an individual is impaired. Some of the most popular tests used in conjunction with the HGN are the walk and turn and the one leg stand test.

DWI cases are very technical and many precise steps must be followed by an officer to get a correct assessment. Fortunately, at Clow Law, we understand the procedures which must be followed and are able to pick out the issues when protocols are not performed correctly. If you or someone you know has been charged with a DWI in Arkansas, contact our offices and speak to an experienced Arkansas DWI attorney today at 501-999-2569.

The 9 Step Walk and Turn

The second most performed field sobriety test in an Arkansas DUI or DWI investigation is the Walk and Turn. To fully understand this field sobriety test, you must become familiar with the phases and scoring of the test. After you are acquainted with proper administration, you can then point to the issues which may arise during the test. 

Instructions for the walk and turn: you will be told to place your left foot on what may be a real or an imaginary line. Then you told to place your right foot on the line in front of your left foot while placing your hands by your side. You will then be instructed to remain in this position until instructed to start the test. 

The Walk and turn test is a divided attention test. It will usually be the second test administered by the officer, after the HGN. According to NHTSA, this test must be performed “in strict compliance with the directives issued.” If performed correctly, the walk and turn is said to be 68% accurate at detecting a BAC of greater than or equal to 0.10. The test is divided into two stages. 

The first stage is the instruction stage. This stage divides the persons attention by making them both balance and process information given to them by the officer. The person must remain in the instructional stage until told to begin the test. 

The second stage is the actual walking stage. At this stage, the person must divide their attention by controlling their muscles, balancing correctly and remembering exactly how they were instructed to perform the test. During this stage, the person will have to take a series of 9 heel to toe steps and then make a turn in a very specific way which is described by the officer during the instructional phase. The person will then have to take another series of nine steps back to where the test was started. 

To get an accurate test, the officer is taught to administer the test on a “reasonably dry, hard, level, non-slippery surface.” The site of the test should be large enough to accommodate the entire nine step test. 

During the test, the officer will be looking for a number of DWI clues. The clues as provided by NHTSA are:

1. Cannot keep balance while listening to the instructions

2. Starts too soon

3. Stops while walking

4. Does not touch heel to toe

5. Steps off the line

6. Uses arms to balance

7. Improper turn

8. Incorrect number of steps

If the person taking the test shows 2 or more clues, NHTSA says this is an indication of a BAC at or above 0.08.

Issues with the walk and turn test: this is a test which requires a person to engage in multiple different actions at once. You must first maintain your balance while in the instructional phase of having your feet heal to toe, one in front of the other. While you are balancing during this phase, the officer will be talking to you and giving you a demonstration on how to complete the test (this is part of the divided attention aspect of the test). This test has many variables, such as the surface on which it is performed, the shoes the subject is wearing, the physical condition of the subject, and countless other factors that play into the actual reliability of the test. This test is also not to be used on anyone over the age of 65 years old. The walk and turn test has many parts, and thus it has many ways to be attacked. A knowledgeable Arkansas DWI attorney will be able to spot the mistakes made and use them to their client’s advantage.

One Leg Stand

In order of usually administered Standardized Field Sobriety Tests, the One Leg Stand is usually the third and final physical test administered during an Arkansas DWI stop.

The one leg stand is broken into two parts. First the Instruction stage. Second, the Balance and counting stage. In the Instruction stage the person is required to stand with their feet together and their arms placed by their side and listen to the officer explain and demonstrate the test. During the second stage, the person must raise the foot of their choice approximately six inches off the ground with their hands by their side while looking down at the elevated foot. The person must then count to thirty out loud.

During the test, the officer is looking for four different clues. The officer checks to see if the person puts their foot down during the test, whether the person uses their arms for balance, whether the person is swaying, and whether the person hops to maintain their balance. 

The one leg stand is one of the NHTSA validated field sobriety tests. Initial research of the one leg stand showed it to be around 65% accurate in determining when a person’s blood alcohol content was at or above 0.10.

The instructions for the one leg stand indicate that it must be performed on a hard, level, non-slippery surface. If these conditions cannot be achieved, the test should not be administered, and only the HGN test should be given. Though these are the instructions for the test, the real-world application rarely follows the instructions. This is good for Arkansas Defense Attorneys who can use the instructions to invalidate the test results when the test is not performed as designed. 

Although the test is considered a NHTSA validated test, some testing parameters are in place. The test is not designed for individuals over the age of sixty-five. The test is not designed for people with any type of inner ear issues. The test is not designed for subjects who have leg or back problems. The test was not designed for individuals who are more than 50 pounds overweight. 

All in all, the test has many flaws and many points of attack at trial. Also, with some of the specific instructions regarding when and how the test should be administered, the actual administration or non-administration of the test can be evidence of whether or not it was actually appropriate for the officer to have conducted other standardized field sobriety tests. 

One of the most important tools in assessing whether or not the test was administered correctly is the police body or dash cameras. Without the test being preserved on video, in many cases, it is very hard to initially determine if the test was performed correctly or not. A skilled Arkansas DWI Attorney will be able to review all the evidence and pick out the issues that may be present in the field sobriety tests. However, it is very important to get an attorney quickly after an Arkansas DWI arrest. Police departments are only required to preserve videos for certain time periods absent specific orders to do otherwise. Make sure you and your rights are protected by calling us today, so we can promptly start to work on your case and assure the proper steps are taken to preserve any defenses you may have.

Unsanctioned Field Sobriety Tests:

In addition to the three certified tests (HGN, Walk and Turn, and the One Leg Stand), some officers will perform additional or different tests. Other common tests include saying your ABC’s backwards and counting in reverse. These are not NHTSA certified tests, and their results should be able to be excluded by a qualified Arkansas DWI attorney. 

Am I required to take Arkansas Field Sobriety Tests?

In Arkansas you do not have to submit to standard field sobriety testing and there is no legal consequence for refusing to take any of the tests. 

You have a choice with regard to whether or not you take the standard field sobriety tests. The walk and turn and the one leg stand tests are both easily failed, even by someone who is completely sober. In most cases, it is in the person’s best interest not to take any of the standard field sobriety tests. However, in Arkansas, when you receive a driver’s license you are agreeing to submit to a breath, blood, or urine test to be conducted either at the police station, county jail, or a hospital. The consequences of refusing to take those tests can be a suspension of your driver’s license for a period of six months. Remember, the more information an officer has to use against you, the easier it is to be convicted. Regardless of whether or not you took the field sobriety tests, you should contact a qualified Arkansas DWI Attorney who understands the law and has the ability to put you in the best position to get the outcome you want for your case. 

What is a DRE?

DUI’s and DWI’s in Arkansas are not just from alcohol. You can be charged with a DWI or DUI even if the police allege that your intoxication is due to some other substance, such as Marijuana, Legal Prescriptions, over the counter medications or other Illegal Drugs. 

Although almost all officers in Arkansas are trained to conduct Standardized Field Sobriety tests and administer chemical testing for DWI’s resulting from Alcohol, the majority of police are not certified to assess whether a person is intoxicated due to some other substance than alcohol. If the officer is certified to detect other intoxicants than alcohol, the officer will have special certifications and is known as a DRE or Drug Recognition Evaluation certified law enforcement officer. Officers who do not hold the DRE certification are precluded from giving a professional opinion to the court regarding the intoxication status of the person charged with DWI as a result of Drugs.

A DRE is a Drug Recognition Evaluation trained law enforcement officer. This officer has been through specific training to detect signs of intoxication for DWI Drug offences. The DRE officer follows a DRE manual which defines a drug as follows: “any substance, which, when taken into the human body, can impair the ability of the person to operate a vehicle safely.” As you can see, the definition of “drug” the police work with is extremely broad. 

The drug recognition evaluation process has three parts. First the officer must verify the person is impaired and that the blood alcohol level of the suspect is not consistent with the level of impairment which is observed by the officer. Second the officer must make a determination if the impairment is due to a “drug” or due to some type of medical condition. Finally, the officer is instructed to use the diagnostic procedures to identify the type of drug which is causing the impairment. 

Drugs are usually categorized into groups. These groups contain a wide variety of drugs such as: Marijuana, PCP, Oxycontin, Hydrocodone, Morphine, Heroin, Mushrooms, Xanax, Ambien, Clonazepam, Duster, and many others. 

The officer will normally run through a twelve-step protocol to determine if the person is impaired by some drug. The steps are generally as follows:

• Perform a check of the person’s blood alcohol level to determine if they are over .08.

• Interview the officer who made the initial arrest to see if the person admitted to any drug use or if drugs were found in their possession.

• Interview the arrested person to see what medications they are currently taking and other relevant medical information. 

• Conduct the HGN test.

• Conduct the walk and turn test, one leg stand, a few other drug specific tests.

• Conduct vital signs checks of the arrested individual.

• Conduct a dark room pupil size test of the arrested individual.

• Conduct a check of the arrested individuals muscle tone. 

• Conduct a check for injections sites. 

• Ask the arrested individual what medications they have taken.

• The DRE officer will then form an opinion based the information they have collected as to the type of drug, if any, that the person is impaired by. 

• Conduct a urine or blood test of the arrested individual. 

As you can see, there are many steps which must be properly executed by a DRE officer to ensure a proper conclusion about impairment is reached. And like all other aspects of an Arkansas DWI case, this area has many points which can be attacked. An experienced Arkansas DWI lawyer will know how to attack each point and how to use the information gathered by the officer to defend your case. Give us a call today so we can fight for you 501-999-2569.

What are the Arkansas Open Container Laws

Can I have an open container of alcohol in my vehicle while driving in Arkansas?

Up until 2017, the answer was yes. But the recently passed HB 1001 changes that. It is now illegal for passengers in a vehicle to have an open alcoholic beverage while that vehicle is on a highway or other public right of way in Arkansas. 

It is permissible to have an open alcoholic beverage container if the container is outside of the passenger area of the vehicle, in a locked area of the vehicle, or in a permanently sealed container that cannot be unsealed without breaking the seal or destroying the container. There is also an exception allowing open alcoholic containers in recreational vehicles in Arkansas as long as the container is in the living quarters of the vehicle. 

The Arkansas Open Container law is codified under Arkansas Code Annotated 5-71-218 and is a Misdemeanor. What this means, is you can be punished by a fine and jail time for this offence. If you or someone you know has been charged with a violation of the Arkansas Open Container Law or other Alcohol related offences, give us a call at 501-999-2569 for a free consultation.

At Clow Law, clients know that we take the charges against them just as seriously as they do. You will get personalized legal services that fit your needs and your goals. Contact Claw Law to set up a consultation or to get more information about how Clow Law can help you.

Best DWI / DUI Attorney / Lawyer in Arkansas