Sonora, CA asked in DUI / DWI and Car Accidents for Arkansas

Q: If you get in an auto accident causing property damage and your BAC is .07, can you be convicted of DWI?

The citation lists Arkansas statute 5-65-103 as the code violated.

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3 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: I'd say you could. Even without PD, if you were driving and bac is over 2% if minor. If adult you are near the line that I understand is 8%. If you got a citation get a consultation from an attorney who handles DUI cases, even if you have to pay.

W. Whitfield Hyman
W. Whitfield Hyman
Answered
  • DUI & DWI Lawyer
  • Fayetteville, AR
  • Licensed in Arkansas

A: Yes, it is possible. The prosecution will try to prove using retrograde extrapolation that you were over .08 at the time of the accident or that for you .07 is enough alcohol in your bloodstream to be intoxicated.

I would suggest hiring a lawyer who can give your case the attention to detail it deserves so you can beat that charge.

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • DUI & DWI Lawyer
  • South Bend, IN

A: Intoxication can be proved with or without a breath test. If the judge or jury finds proof beyond a reasonable doubt, you can be convicted.

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