DWI and DUI in Arkansas is different than any other crime. Unlike any other crime, you cannot legally plea bargain DWI/DUI to a lesser crime. While it is commonly done in other jurisdictions, we cannot just go plea to reckless driving. Furthermore, you cannot seal your record for five years. That’s five years after all time has been served and fines have been paid. Finally, you are basically “guilty until proven innocent.” This is because the State requires you to go a “blow and go” before you are found guilty or innocent at court.
The first thing I do with a new client is get the ALS – administrative license suspension. This is two pages long and details the basic probable cause and if there was a BAC result will include that. Since I used that word administrative, let me explain something. DWI has both court requirements and administrative or Driver Control requirement. To be able to legally drive you’ll need to deal with the administrative component before the court component. The Pink Sheet you get upon arrest gives you permission to drive for 30 days. You want to get the “blow and go” installed during this 30 day period for alcohol charges. Please note, that a DUI due to alleged controlled substance use does NOT require a “blow and go.” We can help you contest these hearings with driver control.
The rules of evidence do not apply to Driver Control hearings, but once we get into court they do. This is where your attorney searches for any issues with your case. I’ve seen a ton of things go wrong with the State’s case. Anything from Officer’s transferring to a new jurisdiction outside of subpoena areas to the machine that was used being improperly calibrated. There are a ton of “nitpicky” rules that I assess each case based on. We are happy to discuss your DWI case, all consultations are free.