Legal Question in DUI Law in Arkansas

can i be charged with a dwi even if i passed my sobriety test and my breathalizer, i only went to jail for dwi becuase my eyes were red.

Asked on 3/17/10, 6:35 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC
0 users found helpful
0 attorneys agreed

Yes, however, the state has to prove beyond a reasonable doubt that you were "intoxicated." That means they have to prove that you were influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that your reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to yourself and other motorists or pedestrians.

The 0.08 BAC limit is a presumption that you are "intoxicated" and you would have to overcome it. Since that is not present here, the State would have a difficult case proving "intoxication." You should contact a lawyer to discuss your case further. Feel free to contact my office.

Read more
Answered on 3/22/10, 6:51 am

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Arkansas

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now