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Arkansas DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: If I am on parole in arkansas and just got a dwi is that going to send me back to prison?
Richard Lane Hughes
Richard Lane Hughes
answered on Mar 23, 2022

That is a question that cannot be answered without knowing all pertinent facts. However, you should know that a DWI does not mean that your parole will be revoked automatically. First, you should report the charge to your parole officer. That is your responsibility. Your PO will likely know about... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Arkansas on
Q: Can I be penalized with a following too close infraction when I was hit by a vehicle that don’t stop on a red light

The vehicle that cause the accident don’t stop at a red traffic light driving from north to south and I was driving from west to east. I was the injured part

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2022

A local attorney must advise you because different jurisdictions can apply different doctrines for apportioning liability when multiple parties are to blame. But your question remains open for three weeks. From a textbook standpoint, the infraction against you could result in liability on your... Read more »

1 Answer | Asked in DUI / DWI and Car Accidents for Arkansas on
Q: i was arrested for leaving the sceen of an accedent , DWI, and refusing a breathalizer. the officer never seen me drivin

my wife got in the drvers seat and drove on to our house, we live about 100 yards from where the accedent took place. do i need an attourny.

Degen Clow
PREMIUM
Degen Clow
answered on Dec 31, 2021

Yes, you need an attorney. Proving you were in control of the vehicle is an essential element of a DWI case. You should visit with a defense attorney about your case.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: I have court today at 10:00, I have a DWI-1st and leaving the scene of an accident and refusal of breathealizer test.

Will all I have to pay is fines or am I going to do time for this?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 8, 2021

Nobody can answer this question unless they regularly practice in front of this judge.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Have a warrant for failure to appear. I have proof that i was there for court.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2021

Return to Court with your proof. If you want additional assistance, then hire an attorney to do this for you. Please note that sometimes a failure to appear is issued when your name is called and you do not answer (perhaps you had not arrived, did not hear your name called, or just stepped out of... Read more »

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Got dwi without sobriety test,went to jail but not for dwi but for being mouthy. Can I be charged with dwi
W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 2, 2020

Yes, but the real question is, can you be convicted?

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: 5-65-103 1ST         DRIVING WHILE INTOXICATED - DWI 1ST; MU I'm needing to know what the MU means
James E Hensley Jr
James E Hensley Jr
answered on Oct 4, 2020

"MU" means "Misdemeanor Unclassified." In Arkansas Misdemeanors are classified as

A Up to 1 year in the county jail and $2,500. This is for DWI 1.

B Up to 90 days in the county jail and $1,000.

C Up to 30 days in the county jail and $500 fine.

U...
Read more »

1 Answer | Asked in DUI / DWI for Arkansas on
Q: If it's been two yr an I've compiled with court orders do I still have to get interlocking device in Arkansas

I also wondered can I just wait out the five yr an then get a dl when it's all off my records

Gregg Austin Knutson
Gregg Austin Knutson
answered on Mar 1, 2019

I would need more information to give an opinion. It’s not clear if an interlock order was entered. Normally, once an interlock device order is entered, it must be installed and kept in place for the duration of the order.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: My 23 y.o. daughter went drinking w/friends. When she was ready to leave, called b.f to come get her. She sat in her car

And started it to stay warm. She was approached by Leo and arrested for dwi. They talked to b.f. who was almost there- arrested her anyway. Put her in jail for 12 hours with no call. The lawyer she has seen thinks she should plead guilty. I disagree. What do you think ? She has never been in... Read more »

Steven McNicholl
Steven McNicholl
answered on Jan 10, 2019

Ultimately it is up to her whether she should fight the case. DWIs can be very fight -able depending on the facts. She should ask her attorney about his reasoning for wishing to plead guilty, there could be a valid reason.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: If I don’t own a car during the six months following judgment, will I have to have a device installed once I buy one?

I am currently represented by a Public defender in Little Rock Arkansas, and my trial is scheduled for Thursday, December 6, but despite repeated phone calls and emails, my attorney has not responded or answered any of my questions. As a result, I have had to research the law my own; and I am... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 5, 2018

Yes unless you are found not guilty.

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

no room

James E Hensley Jr
James E Hensley Jr
answered on Oct 5, 2018

Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on
Q: What can you do if you can't pay your fines

I live in Missouri now but in 2011 I was living in Hot Springs AR, I got a public intoxication charge and never paid the fine. Now they have a hold on my drivers license so I can't get reinstated but I am eligible for reinstatement in MO, I have not had a DL since 2008/9 because I had a dui... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 27, 2018

If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

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1 Answer | Asked in DUI / DWI for Arkansas on
Q: If you get pulled over and refuse the chemical analysis test does that give you the right to refuse other sobriety tests
Stewart Whaley
PREMIUM
Stewart Whaley
answered on May 20, 2018

You can always refuse the Standardized Field Sobriety Tests (SFSTs).

The SFSTs are designed for failure to establish probably cause for arrest (plenty of sober people can't pass them for MANY reasons).

If you refuse the SFSTs, do not be surprised if (when) the officer...
Read more »

2 Answers | Asked in Child Custody and DUI / DWI for Arkansas on
Q: Can you the other parent file for emergency custody if the other parent got a DWI but the kids were not in his care
W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 15, 2018

You can, I don't think any judge would grant it.

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1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: Any way possible to get my revoked CCW back after weapon was in my vehicle during a DWI?

I was arrested for DWI while my pistol was in my middle console. They took my CCW and sent it to Little Rock. Now it is revoked. Any way possible to get it back?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 1, 2017

Yes you can have an administrative hearing and then appeal their decision to circuit court if you don't agree with the outcome.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: I was wondering if my old DUI ticket in Arkansas has a statute of limitations even though I have paid the fine.

Arkansas won't release my DL since 1993 Ashdown, AR.

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 12, 2017

Depends on the reasons why they suspended it or are still suspending it.

Have you paid the reinstatement fee? Have you taken the classes? Have you complied with everything else the court wanted you to do?

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Q: I went to court for a traffic violation. I pleaded not guilty. The traffic violation date was reset for trial . After I

Pleaded not guilty. I was surprised when I was charged with failure to comply on another issue. I was taken to jail and given a new court date for the failure to comply. I bonded out . My question is , will I go to jail again when I go to this new court date for failure to comply ? After being put... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 4, 2017

You have not provided enough details for anyone to answer this question. The only way a lawyer could answer any of this is if you hired him to go talk to the prosecutor.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: What mode of transportation can I drive in AR without a driver's licence?
William C. Head
PREMIUM
William C. Head
answered on Aug 14, 2017

Bicycle. Nothing with motor.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Q: 2011 chrd with DWI & mid 11 w/driving susp lic in order to get CDL back does the courts release once fines tickets r pd

I received charges in the state of Ar. And I had to redo my CDL test, took drivers class, etc. Also does your driving record show if there r no citations, fines, and tickets paid?

Adam Joseph Childers
Adam Joseph Childers
answered on Aug 12, 2017

I'm don't understand what you mean by does your driving record show there are no citations. But driver control should be able to answer your questions about your record being released or getting your license back.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Q: After being bond out from a speeding over 15mph and first dwi charge arrests will the judge put me in jail again?
Adam Joseph Childers
Adam Joseph Childers
answered on Jul 24, 2017

A first time DWI offense is going to carry possible jail time and substantial fines. There are number of factors to consider in this case such as possible plea agreements with the prosecution or taking the case to trial. Unlike a DWI 2nd Offense, which carries a mandatory 7 day jail sentence, a DWI... Read more »

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