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Arkansas DUI / DWI Questions & Answers
2 Answers | Asked in Car Accidents and DUI / DWI for Arkansas on
Q: Does insurance have to pay actual value or total replacement costs in auto accidents that result in property damage?

Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for Arkansas on
Q: I am wanting to know about visiting Canada. I had a dui several years ago and have been told I would be denied entry.

Is this true, and if so, is there a way to gain ability to enter the country? I have been to over 20 countries with the majority of them being since having a dui and have not drank per doctor’s directive in several years

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

It is true that having a DUI on your record could potentially affect your ability to enter Canada. Canadian immigration law considers DUI offenses as serious criminal offenses, and individuals with such convictions may be deemed inadmissible to enter the country. However, each case is evaluated on... View More

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Arkansas on
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'
James L. Arrasmith
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answered on Nov 29, 2023

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... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Arkansas on
Q: how do I apply for a restricted driver license

DUI 8 years ago. Paid fines but did not complete classes. No other DUI. My daughters moving out this week and my father is elderly and not getting around really well and I need to be able to drive.

Travis A. Newton
PREMIUM
Travis A. Newton
answered on May 14, 2023

In South Carolina, you would need to register for and eventually complete the Alcohol Drug Safety Action Program (ADSAP) before driving privileges could be restored on a route-restricted basis.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: How can I be charged with 5-65-123 and never was ordered to have one installed?
Richard Lane Hughes
Richard Lane Hughes
answered on Aug 18, 2022

You may be accused of assisting or attempting to assist someone who has been issued a device restricting their operation of a motor vehicle. The cited statute prohibits that conduct.

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... View 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... View 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... View 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...
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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... View 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... View 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... View 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...
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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.

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