First of all: Never drink & drive
Let’s be real — we all make mistakes. But drinking and driving should not be one of them. It’s a dangerous and risky decision, and it’s just not worth it. If you do find yourself in this situation, remember to stay calm and polite with the officers. Don’t argue or be combative, and keep in mind that everything is recorded, so your behavior will be under scrutiny. Be cooperative, not belligerent, and show them you’re taking this seriously.
Don’t admit to anything
Whatever you do, don’t admit to drinking or give any unnecessary information. Even if you only had one drink or drank hours ago, don’t say anything. Your words can be used against you, so it’s best to say as little as possible.
Field sobriety tests: To take or not to take?
You don’t have to participate in field sobriety tests. If you think you can pass them, then you can take them. But if you’re not confident, it’s better not to. The tests are recorded by a dash cam, so think about how a judge or jury would perceive your performance. Don’t be surprised if you fail them – they’re designed for that. In fact, even sober people can struggle with them.
Arkansas DWI laws are tough
Arkansas DWI laws are strict — and there’s no negotiating with them. If you’re arrested for a drunk driving charge, you’ll either have to plead to a DWI conviction or go to trial. It’s a tough decision, but we’re here to help you through it.
Should you refuse the blood alcohol test?
The law states that if your blood alcohol content is above .08, then you’re legally presumed to be impaired and a danger to yourself and others. If you know you’ll test higher than .08, then you should refuse to take the test. Yes, you’ll be charged with refusal to take the test, but it’s better than giving them evidence to convict you of DWI.
Driving is a privilege, not a right
If you refuse to test or you test below .08, you could still be charged with DWI. The police will look for other evidence, such as your comments, admissions, appearances, and performance on field sobriety tests. Keep in mind that driving is a privilege, not a right. Refusing the test means you’ll automatically lose your driver’s license for six months and be charged with “refusal to submit to chemical testing.” But refusing the test also makes proving the DWI much more difficult.
Boating under the influence in Arkansas
In addition, it’s important to remember that driving under the influence (DUI) and boating under the influence (BUI) are both serious offenses in Arkansas. If you’re caught operating a vehicle or a boat while under the influence of alcohol or drugs, you could face significant fines, the loss of your driver’s or boating license, and even jail time. The legal limit for blood alcohol concentration (BAC) in Arkansas is .08%, but you can still be charged with DUI or BUI even if your BAC is below that limit.
Don’t give a statement, call Lion Legal
If you’re arrested, never give a statement to the police. Ask for your lawyer. We’ll be there to help you every step of the way. You will likely be released on your own recognizance, especially if it’s your first arrest; but if you are arrested, your vehicle will be impounded — unless the officer allows you to call a family member to get it.
There are a lot of procedures and processes that law enforcement must follow to result in a conviction. Let us review your file to ensure everything was done correctly.