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Arkansas DUI / DWI Questions & Answers
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 in... 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
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 "finds" what...
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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 Head
William 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 »

1 Answer | Asked in DUI / DWI and Domestic Violence for Arkansas on
Q: Can I get a concealed carry license in arkansas with misdemeanors on my record? Dwi 1st 03/13 and DB3 1st 01/16
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 7, 2017

If DB3 stands for domestic battery 3rd them you can't even legally own, possess, or touch a firearm in any state in the union until you get a pardon from the governor, which is not uncommon.

1 Answer | Asked in DUI / DWI and Juvenile Law for Arkansas on
Q: Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?

I am a college student and I am appealing a sanction put on me because I currently have a wine bottle filled with Christmas lights that I received as a gift. The violation is a "Violation of the Alcohol Policy." I reviewed the Student Handbook for my university and there are only two things that... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 19, 2017

It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious.

They might have entered your dorm room illegally in violation of the 4th Amendment even if...
Read more »

1 Answer | Asked in DUI / DWI, Family Law and Civil Rights for Arkansas on
Q: I have a husband that is a severe alcoholic, ive done all I can do. Can I get a court order for rehab?
Paul Stanko
Paul Stanko answered on Sep 30, 2016

In order for a court to issue an order, it must have jurisdiction. For example, if your husband had pending charges or was on probation, a court could possibly order rehab. Courts do not typically get involved in individuals' bad life choices. Your husband needs to be assessed and evaluated by an... Read more »

3 Answers | Asked in DUI / DWI and Car Accidents for Arkansas on
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.

Peter N. Munsing
Peter N. Munsing answered on Sep 6, 2016

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.

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