Go Green, Avoid a DWI...Maybe

20 November 2009
Criminal & DUI/DWI Law

The recent story about the fella in Minnesota that got a DWI for driving his motorized “La-Z-Boy” chair brings to mind a good point regarding DWI law (The Smoking Gun news story about Minnesota man getting a DWI / DUI while on a La-Z-Boy).  What kind of “vehicle” do I have to be driving to be convicted of a DWI or DUI in Arkansas? Arkansas law makes it a crime for a person to drive a “motor vehicle” while being intoxicated (or, for a DUI, under the influence) or while having a bloo

It's NOT a "Candygram"

25 September 2009

If you ask a shark if today’s a good day to go swimming, of course he’s going to say yes.  He’s a shark.  On the other hand, you can’t blame him too much when he bites your leg off. I read an article in last Saturday’s DemGaz by the “Drivetime Mahatma.”  It was called “Saying no to a breath test a loaded issue.”  In it, a reader asks whether he had to blow into a portablebreathalyzer that was stuck in his face at a DWI roadblock.  The Mahatma proceeds to inform the reade

No Cops in Arkansas Town

10 September 2009

Per Capita Income Skyrockets! Ok…the picture was a little too easy this time.  It may not be the stuff that the little-remembered CBS series entitled Jericho was made of (the aftermath of nuclear war seen through the eyes of the inhabitants of Jericho, Kansas), but the real-life happenings in Jericho, Arkansas are pretty unbelievable too. Fox news story about criminal investigation into Jericho, Arkansas. The rundown?  Jericho:  a town of 174 residents and SEVEN cops.  Cops write s

Truths, Half-Truths, and Lies

23 August 2009
Criminal & DUI/DWI Law

When does telling half of the truth become a lie? A press conference was held on Tuesday of last week in Little Rock so that Mothers Against Drunk Driving (MADD) and the Arkansas State Police could announce their upcoming and half-truthfully-named “Over the Limit, Under Arrest” campaign for the Labor Day weekend, which apparently now runs from August 21st through September 7th. To tell the truth and to be legally accurate, the slogan should be “Over the Limit or Intoxicated Based on Som

Arkansas DWI Laws Have Changed!

16 August 2009
Criminal & DUI/DWI Law

Note:  An interlock is a breathalyzer installed on your car that you blow into before starting your car and periodically thereafter.  It is supposed to ensure that your BAC is under .02 before allowing your car to start or continue to run.] Getting a DWI in Arkansas just got a little bit costlier.  Prior to July 31st, if you were charged with a first-offense DWI (under a .15 BAC), then you could have a “free” work permit that allowed the accused to travel to and from work without havin

“Highway Interdiction”…

12 August 2009

Unfortunately, it’s more exciting than it sounds. Is it the name of the next blockbuster movie of the Summer?  Not quite.  Actually, it sounds more like some sort of advanced military maneuver.  The latter is much closer to the truth.  The U.S. Military doesn’t have to worry about whether they have an ulterior motive when pulling over a vehicle in a war zone.  Like it or not, neither does your local Arkansas police department.  And it looks like the Benton County, Arkansas Sheriff’s

Buford T. Justice a DRE?

10 August 2009

The International Association of Chiefs of Police was in Little Rock over the weekend for its annual training conference.  It appears that the subject this year was “impaired” driving, which includes alcohol or drugs. The crime of DWI (Drugs) is becoming “all the rage” among arrest-hungry cops and cities looking to justify and meet their padded, not so recession-proof budgets.  However, the vast majority of the public does not realize that they can be convicted of a DWI in Arkansas (a