If you have been arrested and charged with Driving While Intoxicated (DWI) in Bryant, Benton and other surrounding Saline County areas, it is important to contact an attorney immediately after your arrest. You will be given a court date and a temporary license. It is important to contact an attorney as soon as possible to ensure you are allowed to continue driving to earn a living. At Shoptaw Law Office, Attorney Shoptaw will review the prosecution’s case for mistakes and errors. Remember, just because you did it does not mean you are guilty under the law. Law enforcement officers are human and make mistakes, some are even corrupt. Call Shoptaw Law Office and hire an attorney that will go to bat for you.
The short answer is "the person's age." A person who is 21 years of age or older cannot be convicted of a DUI, only a DWI. An element of the crime of DUI is that the person was under 21 at the time of the offense.
A person who is under 21 can be charged with either a DUI or a DWI. Typically, if a person under 21 is alleged to have had a BAC result of .08 or higher, then the officer will charge him or her with a DWI. The penalties for a DWI are generally much more severe than those of a DUI.
In Arkansas, driving is considered a privilege and not a right. As a result, your license will be suspended thirty (30) days after you are charged and usually prior to going to court through Arkansas Driver Control.
YES! The definition of “intoxicated” includes any controlled substance including medications prescribed by your doctor. So if you cannot pass the SFSTs while taking medication and driving you will be charged with a DWI. It is not a defense that the medications were prescribed. So if you just had surgery on your back and could not pass the SFSTs sober or intoxicated, do not take any medications and get behind the wheel.
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