Legal Question in DUI Law in Arkansas


My spouse was arrest for a DWI he did not take the breath test, although he did take two field tests and passed they still took him into custody and held him for 6 hours until he blew .000. They have set a court date and he has had two prior dwi charges that he says were removed from his record.(did not realize this was possible) So what kind of fine or charge is he looking at in Arkansas for a third DWI or if it were his first DWI.

Asked on 8/30/07, 11:40 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: Dwi

If convicted for a DWI-III Refusal, you husband could lose his driver's license for 3 years, face jail time of 90 days to 1 year, and face a fine of $900-$5000.

As far as being off his record, the charges are determined by the occurrance of the charges within the last 5 years. So if he had 2 DWIs 10 years ago and then this one, he would only be charged with a DWI-I.

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Answered on 9/04/07, 12:10 pm

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