The most common way to beat a DUI in Arkansas is to prove that the arresting officer did not have probable cause to make the traffic stop. This can be accomplished by filing a motion to suppress evidence. In order to succeed in this motion, you must be able to prove that the arresting officer did not have a legal basis for pulling you over. If the court finds that the officer did not have probable cause, then all of the evidence that was obtained as a result of the stop, including the results of any field sobriety or blood tests, will be suppressed and cannot be used against you at trial.
Another way to beat a DUI in Arkansas is to attack the credibility of the arresting officer. This can be done by pointing out inconsistencies in the officer's report or testimony, or by showing that the officer has a history of making false arrests.
If you are able to successfully challenge the arresting officer's credibility or show that the officer did not have probable cause to make the stop, then the charges against you will likely be dismissed.
Of course, every case is different and there is no guaranteed way to beat a DUI charge. If you have been charged with DUI, you should contact an experienced Arkansas DUI attorney to discuss your case and explore all of your legal options.
Frequently Asked Questions
What happens to your license after a DUI in Arkansas?
The Arkansas Administrative Law requires that the arresting law enforcement officer take and record the individual’s driver license. The driver license is not returned to the individual until after the determination of the outcome of the DUI charge, which may include a trial, adjudication or a plea agreement.
What are the requirements for a hardship license in Arkansas?
To be eligible for a hardship license in Arkansas, the applicant must have either a learner's permit if he is under 18, or a suspended but previously valid driver's license. An individual convicted of DUI within five years of a previous offense may be required to wait a year before applying.
How do I get a hardship license after a DUI conviction?
In Arkansas, you must petition the court for a hearing. The state of Arkansas allows for a special type of driver's license called a hardship license. This license grants limited driving privileges to a person due to the severe economic difficulties that not being able to drive would impose.
What are restricted driving privileges after a DUI in Arkansas?
Restricted driving privileges in Arkansas after a DUI conviction typically include: having to carry a restricted license; being required to adhere to a suspension, probation, or parole conditions; and/or requiring an installation of Device Enrollment Program (DEP) ignition interlock device.
What happens if you get a DWI in Arkansas?
First and foremost, if you get a DWI in Arkansas, you will be subject to hefty fines and penalties. The applicable fines range from $500-$1,000, with jail time options also available depending on your level of intoxication. Additionally, your Arkansas driving record will be stained for life. This means that any future license or permit applications will likely be denied based on your past DWI convictions. Lastly, you could endanger the public by operating a vehicle while drunk. If you are convicted of drunk driving in Arkansas, you could face up to one year in jail and a $2,000 fine.
