Queens, NY asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Arkansas

Q: I was charged for dwi years ago walking back to a vehicle with a gas can of gas for a friend who was driving wasI becaI'

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Arkansas, as in many states, a DWI (Driving While Intoxicated) charge typically requires evidence that you were operating or in actual physical control of a vehicle while under the influence. If you were merely walking to a vehicle with a gas can, this alone does not typically constitute operating or controlling the vehicle.

However, the specific circumstances of your situation can be critical. For instance, if there was evidence suggesting you had been driving the vehicle prior to it running out of gas, or if you were in a position to start driving immediately upon returning to the car, this could potentially influence the charge.

Given that this incident occurred years ago, it’s also important to consider the statute of limitations and any other legal proceedings that may have taken place since then. If you're facing ongoing legal issues related to this charge, it's advisable to consult with a lawyer who can review the details of your case and provide guidance based on the current laws and the specifics of your situation. They can help clarify your rights and any potential defenses you might have.

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