Arkansas Criminal Defense Blog ©

Around the holiday season various Arkansas law enforcement agencies will generally set up more DWI Roadblocks / Safety Checkpoints. The United States Constitution addresses searches and seizures in the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – United States Constitution, Amendment IV

The United States Supreme Court has said that stopping a vehicle at a DWI roadblock is a seizure for purposes of the Fourth Amendment.  See Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 (1990). However, the question becomes: was the seizure unreasonable?

Generally, DWI roadblocks are set up to stop people without prior suspicion of criminal conduct or drunk driving. When this is the case, the Supreme Court of the United States created a three-pronged balancing test to determine the reasonableness of the seizure:

(1) a weighing of the gravity of the public concerns served by the seizure;

(2) the degree to which the seizure advances the public interest; and

(3) the severity of the interference with individual liberty.

Brown v. Texas, 443 U.S. 47 (1979)

How the above factors apply in any particular case are numerous and all very fact-specific. If your DWI in Arkansas involves a roadblock or safety checkpoint it is important to let your attorney know of all the facts surrounding the roadblock experience. Justin Eisele is available for free consultations for your DWI or DUI case in Arkansas.

Tags: Arkansas DWI, Arkansas Drinking Charges, DWI

Add Comment »

Arkansas Code 5-65-105 provides stiff punishment for those who chose to operate a vehicle while their license is still suspended or revoked due due a DWI. If you are caught operating your vehicle while under such a suspension you face the following:

1. Automatic ten (10) days in jail, and

2. Up to a $1,000.00 fine.

If you are facing a driving on supsended charge feel free to set up a free consultation with Justin Eisele at 501-315-5293.

Tags: Arkansas DWI, Arkansas Drinking Charges

Add Comment »

The 2008-2009 Arkansas Legislative session produced several slight, yet impactful, amendments to previously established laws.  It is important for attorneys, as well as citizens, to remain up-to-date on any changes to the laws impacting Arkansas’s criminal system.  The following few selections highlight the most recent changes in our state’s statutes:

1. The fine limits misdemeanors and violations were increased effective July 1, 2009:
   1. Act 209 increased the fine limits for misdemeanors: Class A to $2500; Class B to $1000; and Class C to $500.
   2. Act 341 increased the maximum fine for violation of municipal ordinances from $500 to $1000 and increases continuing violations from $250 to $500.
2. Major changes to Arkansas DWI offense with regard to driver’s license suspension were also made:
   1. Act 922 reduced the time for which a restricted license is imposed for both second and third DWI offenses from three hundred sixty five (365) days to forty five (45) days, after which time an interlock device may be installed.
   2. Act 1293 increased the period of license suspension for a first time DWI from one hundred twenty (120) days to one hundred eighty (180) days.
3. Multiple new criminal offenses were enacted by the Arkansas General Assembly during this past session: 
   1. Act 33 created the offense of “Aggravated cruelty to a dog, cat, or horse.”  A person commits the offense if he or she knowingly tortures one of the abovementioned animals, and the offense is treated as a Class D felony.
   2.  Additionally, Act 33 prohibits all animal fighting in the state of Arkansas.
   3. Act 976 provides that a person who exercises control over private property shall not knowingly allow an individual, who is less than twenty-one years of age and not a family member, to consume alcohol on his or her private property.  For the property owner to be cited, they must be present at the time of the minor’s consumption, which is punishable under a Class C misdemeanor.
4. Sentencing changes were also implemented by the Arkansas General Assembly.  Act 650 increased the penalty for negligent homicide to a Class B felony, and provides that a prior conviction of negligent homicide constitutes a previous offense for the purposes of enhancing DWI sentencing.
5. Laws regarding families in Arkansas were amended as well:
   1. Act 332 encompasses strangulation under the crimes of aggravated assault and assault in the first degree.
   2. Further, aggravated assault on a family or household member was added to the list of offenses that will increase domestic battering from a Class A misdemeanor to a Class D felony for a prior conviction occurring within the past five years pursuant to Act 333.

Remember, staying updated on current legal issues can make a significant impact on the sentencing phase of a criminal case.  If you have any questions regarding these most recent Legislative updates, contact our firm at jeisele@eiselelaw.com.

Tags: Arkansas DWI, Arkansas Drinking Charges, Arkansas Felonies, Arkansas Misdemeanors, DWI

Add Comment »

Depending on priors, and the nature of the DWI, the only option for a person accused of DWI is to install an interlock device on their car. These devices are regulated by the Arkansas Department of Health and those regulations are HERE.

There are private companies in Arkansas who offer help installing these devices so that persons may be able to drive during their suspension of their Arkansas driver’s license.

Tags: Arkansas DWI

Add Comment »

In Arkansas, there are enhanced driver’s license suspensions for those who operate a vehicle with a commercial vehicle license either while intoxicated, or, are those that are thought to be operating a vehicle while intoxicated and refuse to submit to a chemical test.

The suspension periods are as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(C) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years;

(D) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life; and

(E) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

(2) If a driver operates a motor vehicle and is convicted of having a blood alcohol concentration in violation of § 27-23-114(a), the driver shall be disqualified as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and

(C) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

Arkansas Code Annotated 27-23-112 (b)

Justin Eisele of Eisele Law Firm, P.A. can handle all of your commercial driver’s license DWI matters. Please call him at 501-315-5293 for a free consultation.

Tags: Arkansas DWI

Add Comment »

In Arkansas there are a few main differences between a DWI charge and a DUI charge.

Here is the simplest way to keep them apart:

If you are over 21, you cannot be guilty of a DUI. However, if you have had quite a lot of drink, you can be guilty of DWI and be UNDER 21.

How does this all work do you ask? Well, first look at the two statutes:

1. DWI-

(a) It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

(b) It is unlawful and punishable as provided in this act for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight-hundredths (0.08) or more based upon the definition of breath, blood, and urine concentration in § 5-65-204.

(Arkansas Code Annotated 5-65-103)

2. DUI-

(a) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle while under the influence of an alcoholic beverage or similar intoxicant.

(b) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle if at that time there was an alcohol concentration of two-hundredths (0.02) but less than eight-hundredths (0.08) in the underage person’s breath or blood as determined by a chemical test of the underage person’s blood or breath or other bodily substance.

(Arkansas Code Annotated 5-65-303)

3. The Differences- There are a few key differences to point out between DWI and DUI in Arkansas:

• Age- You have to be under 21 to be guilty of DUI. There is no age requirement for DWI.
• For DWI you have to be intoxicated or .08 or better on the BAC. For DUI you only have to be “under the influence” (a lower level than intoxication) or between .02 and .08 on the BAC.

It is important to hire an experienced DWI or DUI attorney if you have been charged. Justin Eisele of the Eisele Law Firm, P.A. has tried many DWI and DUI cases. For a free consultation call 501-315-5293.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets

Add Comment »

The Arkansas Department of Health, through the directive of the Arkansas Legislature, promulgates rules and regulation for alcohol testing. (Arkansas Code Annotated 5-65-201)

To put it plainly: The elected folk, in order to add legitimacy to the testing of blood, breathe, and urine, for the purpose of detecting levels of alcohol, have made a list of fancy rules and regulations.

These rules and regulations must be followed in order for your alcohol test results to be entered as evidence into a court of law.

When charged with a DWI it is important to hire a defense attorney that is well versed on these rules and regulations.

To view these rules and regulations check HERE.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets, Uncategorized

Add Comment »

There are many bad decisions to make in life.

One of those bad decisions is to drive during your license suspension period for a DWI in the great state of Arkansas.

Under Arkansas Code 5-65-105, if you make the above bad decision, the following will be your sentence:

1. MANDATORY 10 days in jail, and

2. Up to a $1,000.00 fine.

If you face the above charge you are looking at mandatory jail time. It is important to consult an experienced arkansas dwi attorney.

Tags: Arkansas DWI, Arkansas Misdemeanors

Add Comment »

In Arkansas, upon arrest for Driving While Intoxicated, law enforcement is required to seize your license and issue you a temporary permit to drive. See A.C.A. 5-65-403 generally.

However, this permit is only good for 30 days. You MUST request a hearing within 7 calendar days of recieving this permit to challenge your suspension. If you do not ask for a hearing you are barred from challenging your license suspension administratively.

It is important you see an experienced Arkansas DWI defense attorney within 7 days so that he can discuss this option with you.

Tags: Arkansas DWI

Add Comment »

Multiple DWI convictions in Arkansas can result in possible severe punishments. Below are the possible jail and prison sentence ranges. Arkansas has a “look back” period of 5 years when calculating DWI prior convictions. Only prior offenses, that result in conviction, that occur within 5 years of the current offense, are calculated. (This does not include driver’s license suspensions, fines, and alcohol safety classes that are typically included in DWI sentences)

*Jail and Prison Terms for DWI

DWI 1- From 1 day to 1 year in county jail

DWI 2- From 7 days to 1 year in county jail

DWI 3- From 90 days to 1 year in county jail

DWI 4- 1 to 6 years in prison

DWI 5- 2 to 10 years in prison

(See Arkansas Code Annotated 5-65-111)

*It is possible for a judge to allow for community service for a DWI, but this is rarely done.

Tags: Arkansas DWI

Add Comment »