Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
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

View More Answers

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
PREMIUM
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 Criminal Law, DUI / DWI and Traffic Tickets for Arkansas on
Q: Legality of rehab or cash bond after failing drug test for traffic ticket in AR.

I am inquiring about the legality of a judge ordering rehab or setting a cash bond for a traffic ticket after a failed drug test. The individual involved is a 20-year-old charged with driving without a license, speeding, and possession of Xanax (one pill without a prescription bottle). She received... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2025

What you describe can feel surprising, but it is not unusual in Arkansas or in many other states for a judge to impose conditions like rehab or a cash bond after a failed drug test in court. Even though the original charges were traffic-related, the possession of Xanax without a prescription is a... View More

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Is a lawyer needed for first-offense DWI in Arkansas with high breathalyzer?

I'm in Arkansas and was pulled over for a first-offense DWI after parking at my residence. The field sobriety test seemed fine, but at the station, my breathalyzer test was over the legal limit. I've never had any past offenses. Does Arkansas offer a pre-trial diversion program for this,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2025

It’s completely understandable to feel anxious after a first-time DWI, especially with a high breathalyzer reading. In Arkansas, even for a first offense, the consequences can include fines, a license suspension, mandatory education programs, and potentially jail time—depending on your exact... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: Can I use the First Offender Act in Arkansas for DUI drugs and possession charges?

I was recently charged with a DUI for drugs on a first offense in Arkansas. There was a urine test that possibly tested positive for methamphetamine. Additionally, I am facing charges for possession of meth (4 grams), possession of a controlled substance, failure to maintain control, and tampering... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2025

You may be able to use Arkansas’s First Offender Act (Act 346), but it depends on how the court views your charges. The Act is generally designed for people with no prior felony convictions, and it allows for probation instead of jail, with the chance to have the charges dismissed upon successful... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Workers' Compensation and Personal Injury for Arkansas on
Q: Can Arkansas's first offenders act be used to avoid jail and receive probation for multiple charges?

Recently, I was arrested in Hot Springs, Arkansas, for possession of 4 grams of meth, possession of a controlled substance, DUI drugs (1st offense), tampering with physical evidence, failure to maintain control, and no liability insurance. This is my first offense (other than two traffic tickets).... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2025

You’re going through a lot right now, and it’s understandable to feel overwhelmed. Arkansas’s First Offender Act (Act 346) can be used in some cases to avoid a conviction and receive probation instead of jail, but it typically applies only to certain non-violent felonies and only if you... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets and Consumer Law for Arkansas on
Q: Pulled over for speeding, charged with open container, no proof of insurance. Can I contest in Arkansas?

I was pulled over for allegedly driving 60 mph in a 55 mph zone. The officer found an open container on the passenger's side and conducted a breathalyzer test, which showed I was over the legal limit. However, after arriving at the police station, further breathalyzer tests on another machine... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2025

Yes, you can contest the charges, and it sounds like you may have some solid grounds to do so. The speeding charge for 60 in a 55 mph zone is minor, but if you believe you were not speeding or if the radar reading was questionable, you can request to see the evidence and challenge it in court. For... View More

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Arkansas on
Q: Can I be licensed as a social worker in Arkansas with a DUI on my record?

I have a DUI on my record from an incident in September 2024, where I was involved in an accident with a parked car and pleaded guilty. My case has been resolved, and I have taken all corrective actions. I am obtaining my Bachelor of Science in Human Services and am planning to apply for a social... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Yes, you can still become a licensed social worker in Arkansas even with a DUI on your record. The state licensing board does conduct a background check, but a single DUI—especially if you've completed all legal requirements—does not automatically disqualify you. What matters most is how... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Arkansas on
Q: Can misdemeanor warrants be automatically dropped due to statute of limitations?

I was recently released on parole to another state and found out I have two driving under suspension warrants in Arkansas from August 2024. These should have been addressed while I was incarcerated. I called, and they asked me to come in to be served and go to court, but since I live over 7 hours... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Misdemeanor warrants don’t expire just because time has passed. Once a warrant is issued—like for driving under suspension—it stays active until it's cleared by appearing in court or through other legal steps. The statute of limitations only applies before charges are filed, not after a... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Arkansas on
Q: Can a first-time offender caught with mushrooms in Arkansas get charges dropped or probation?

I was pulled over for speeding in Arkansas and caught with marijuana paraphernalia and 14 grams of mushrooms. I have never been charged before with anything. I also have a medical marijuana card from Oklahoma. How can I get these charges dropped, or is it possible to get probation as a first-time... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Being a first-time offender in Arkansas does give you some room to work with, especially if you’re willing to take responsibility and show you want to avoid trouble going forward. While psilocybin mushrooms are still illegal in the state, courts sometimes offer alternative outcomes like probation... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.