Arkansas Criminal Defense Blog ©

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.

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Obviously the topic of prostitution is not one you generally bring up at the dinner table.

Someone arrested for prostitution or soliciting prostitution can be subject to shame, unfavorable media attention, and possibly a terribly embarrassing criminal conviction on their record.

There are three main prostitution charges in Arkansas. I will address the main two which are Prostitution and Patronizing of a Prostitute. Promoting Prostitution is not as common. However, if you are “manager” of some sort in one of these types of operations ,and you are charged with promoting of prostitution, feel free to call the Eisele Law Firm, P.A. for a free consultation.

1. Prostitution- A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person. (Arkansas Code Annotated 5-70-102) First offense of prostitution is a B misdemeanor. A second offense, is an A misdemeanor.
2. Patronizing a Prostitute- A person commits the offense of patronizing a prostitute if he or she:
1. Pays or agrees to pay a fee to another person on an understanding that in return that person or a third person will engage in sexual activity with him or her; or
2. Solicits or requests another person to engage in sexual activity with him or her in return for a fee.

If you are charged with one of the above offenses it is important to talk to a criminal defense attorney immediately. Justin Eisele of Eisele Law Firm, P.A. offers free consultations.

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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.

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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: Uncategorized, Arkansas DWI, Arkansas Traffic Tickets, Arkansas Misdemeanors // Add Comment »

Disorderly Conduct is a criminal charge in Arkansas that has probably one of the broadest scopes of any in Arkansas.

To be guilty of Disorderly Conduct you must, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, do one of the following:

(1) Engages in fighting or in violent, threatening, or tumultuous behavior;

(2) Makes unreasonable or excessive noise;

(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;

(4) Disrupts or disturbs any lawful assembly or meeting of persons;

(5) Obstructs vehicular or pedestrian traffic;

(6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;

(7) Creates a hazardous or physically offensive condition;

(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or

(9) In a public place, exposes his or her private parts.

(Arkansas Code 5-71-207)

Obviously, this is a pretty exhaustive list. Prevailing on a Disorderly Conduct charge can be difficulty. It is important to consult with an experienced Arkansas criminal defense attorney when attempting to prevail on any criminal charges. Eisele Law Firm, P.A., has experience with Disorderly Conduct charges and offers free consultations.

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There are many people in Arkansas, who are not even true “criminals”, who have experienced, or know those who have experienced, either a “drinking in public” charge or a “public intoxication” charge.

Both of these offenses are located in the Arkansas Code at 5-71-212.

A rough break down of what the prosecutor has to prove in each of these charges is as follows:

Public Intoxication:

1. You are in a public place, and

2. you are manifestly under the influence of alcohol or a controlled substance, and either
3. you are a danger to yourself or others persons or property, or

4. you unreasonably annoy a person in your vicinity.

Usually a trial for Public Intoxication comes down whether you were actually in a public place or whether, or not you were a danger to yourself or others.

Drinking in Public:

1. You consume alcoholic beverages,

2. in a public place, or

3. a highway or street, or

4. upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

5. in or about any depot, platform, waiting station or room, or other public place.

For drinking in public you do NOT have to be intoxicated. You only have to be drinking in a place you are not supposed to be.

It is important to hire an experienced Arkansas criminal defense attorney when dealing with any criminal charges. The Eisele Law Firm, P.A. has experience in handling both of these types of charges.

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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 »

From now on, from time to time, I will be posting graphic artistry of my creation.

I would like to be clear:

“Nothing contained should be construed as advocating engagning in criminal activity. However, it is obvious, by the nature of my work, that I have certain memorable experiences. I would say these cartoons are half embellishment and half reflect situations I have experienced in my times both as prosecuting and defending the accused. Please enjoy.”

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In Arkansas, there are various classifications of felonies. Here is the prison sentence range for each (found at Arkansas Code 5-4-401):

(1) For a Class Y felony, the sentence shall be not less than ten (10)
years and not more than forty (40) years, or life;

(2) For a Class A felony, the sentence shall be not less than six (6)
years nor more than thirty (30) years;

(3) For a Class B felony, the sentence shall be not less than five (5)
years nor more than twenty (20) years;

(4) For a Class C felony, the sentence shall be not less than three (3)
years nor more than ten (10) years;

(5) For a Class D felony, the sentence shall not exceed six (6) years;
and

(6) For an unclassified felony, the sentence shall be in accordance
with a limitation of the statute defining the felony.

The Hope Part:

Most felonies in Arkansas allow for a possible probation sentence. It is important to talk to an experienced Arkansas criminal defense attorney when facing felony criminal charges.

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Many people are not aware of the punishment for possession of Marijuana in Arkansas.

You can think of the punishment in two general classes:

1. Simple Possession- Simple possession could plainly be described as possessing marijuana without the intent to deliver.

• First time simple possession is an A misdemeanor and is punishable by up to a $1,000 fine and/or up to 1 year in jail. It also carries with it a mandatory drivers license suspension.

• Second time simple possession is a FELONY. That is correct. A FELONY. Even if all you have is a small marijuana cigarette, if you have a previous possession conviction, you are facing felony charges.

2. Possession with “Intent”- If the State prosecutor can show you had the intent to deliver, sell, grow, etc. marijuana, you are facing a felony charge whether you have prior convictions or not. Prosecutors will generally try to prove your intent through your possession of things such as digital scales, scented baggies, or packing huge bricks of the stuff in the trunk of your car with smoked turkeys around them to hide the odor. In addition, large amounts of indescribable cash is also an indicator of your intent.

Please also be aware that possession of over 1 ounce (1 oz.) of marijuana in Arkansas creates a presumption under law that you did intend to deliver it. This presumption can be rebutted.

It is important to retain counsel right away. The Eisele Law Firm handles all matter of marijuana charges, big and small.

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