Arkansas DWI
Posted on September 9th, 2007 by Administrator
There are two ways an Arkansas prosecutor can prove a DWI under state law:
- The State must always prove that the accused operated or controlled a motor vehicle, and either,
- The accused was intoxicated while operating the motor vehicle, or
- 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.