Arkansas Criminal Defense Blog ©

There are two ways an Arkansas prosecutor can prove a DWI under state law:

1. The State must always prove that the accused operated or controlled a motor vehicle, and either,
2. The accused was intoxicated while operating the motor vehicle, or
3. The accused, while operating or controlling the motor vehicle, had an alcohol concentration of .08 or more in their breath or blood.

(See Arkansas Code Annotated 5-65-103)There are many challenges in defending of a DWI in Arkansas. The most troublesome challenge is that of the state law mandating that a DWI, once charged, can never be dropped or amended. (Arkansas Code Annotated 5-65-107)

It is important to see a criminal defense attorney well versed in DWI law when hiring one for your defense.

Tags: Arkansas DWI