Legal Question in DUI Law in Arkansas

DWI/Marijuana possession

My husband was pulled over recently. When he made a right hand turn he crossed the center line. THe officer pulled him over and gave him a breathalyzer. He failed the test but it was below .15% the document we recieved did not give the exact percent. My husband was arrested and his car was impounded. While my husband and his friend were in the police car the officer searche my husbands car without permission. He found a small sack of marijuana that belonged to the friend in teh console. My husband didn't even know it was there. The drunk friend said it was not his so my husband got the charge. The friend plans to be in court with my husband to claim the paraphenalia. I don't trust the friend will show so my husband wants to get a written statement from the friend. We will be getting a lawyer. Do we have a chance of getting either or both charges dropped?

Asked on 4/07/08, 3:49 pm

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: DWI/Marijuana possession

Your chance depends on the facts and how they come out in court. If the friend claims the drugs, then you are likely succeed on that charge, although it is not guaranteed.

Your husband's success on the DWI depends on the specifics of the case. For example, how he performed on the field sobriety test, what the arrest video shows, etc.

There is no way to effectively evaluate your case without knowing all the facts. You should discuss all aspects with your attorney.

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Answered on 4/09/08, 11:32 am

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