Legal Question in DUI Law in Arkansas


If you have an accident(not your fault) and breathe 0.0, but trooper finds 2 roaches in ashtray, can you get a DWI? This happened in Arkansas. Accident involved off duty cop on motorcycle and passenger. Both were hurt, but not serously. Also no maranda rights, and not offered medical attention.

Asked on 5/09/07, 8:49 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: Dwi

In Arkansas, you can be charged with DWI-Drugs. However, the State has to prove that your were under the influence at the time when you were in opetation of the motor vehicle.

There are several more issues that need to be addressed to determine the outcome of your case. Did the officer get consent to search your car? Were any field sobriety tests given? Did they give you a blood test?

These are key issues to the case. If you would like some assistance, feel free to contact me.

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Answered on 5/15/07, 2:43 pm

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