Rogers DUI Lawyers
- Lingle Law Firm:
Injury to Persons or Property
Criminal (State & Federal Courts)
Contracts
Agricultural
Environmental
Construction
Malpractice
Wills & Trusts
Divorces, Custody & Child Support
- Matthews, Campbell, Rhoads, McClure & Thompson:
personal injury, banking, real estate, corporate, commercial, civil and criminal litigation, divorce and child custody, probate, wills, trusts, estate planning, creditor bankruptcy, social security, adoption, collections, insurance defense, utility regulation, immigration, family law and employment issues
- Bryant Firm:
Criminal defense attorneys are responsible for safeguarding certain rights. The right to remain silent and have an attorney are not
just lines out of your favorite crime show. Criminal defendants do have the right to remain silent and should not speak to the police
without an attorney because anything that is said can be used in Court to convict them. Criminal defendants have the right to a fair
and speedy trial by a jury of their peers. Criminal defendants have the right to confront their accusers, cross examine them at trial,
and view evidence presented against them. Criminal defendants have the right to present evidence in their defense, and to be treated
fairly and impartially. Everyone has the right to be free from warrantless and illegal searches and seizures of the person or property.
It is very important that every criminal defendant have an attorney.
The process is sometimes confusing. After arrest, the first court appearance will be a bond and probable cause hearing where a
magistrate (usually a District Court Judge) will set bond. Attorneys can be present, but often have not been hired yet. After the
bond hearing, the next Court appearance is the formal arraignment where the charge is first made in Court. Criminal defendants
usually plead not guilty at arraignment. The next hearing is called an omnibus hearing. At this hearing, the judge will determine the
status of discovery, hear and decide motions, and continue pressing the case forward.
Before trial there may be several other opportunities for a hearing. One such hearing is a suppression hearing where a criminal
defense attorney will try to keep certain evidence out because a defendant's search and seizure rights have been violated. There will
likely be pre-trial status hearings to keep the judge informed as to the status of the case. There may be other evidentiary hearings,
but ultimately there must be a trial.
The first part of trial is called voir dire, or jury selection. The attorneys will ask potential jurors questions and narrow the group
down to twelve people. Then there will be a trial on the merits of the case to determine the guilt or innocence of the criminal
defendant.
Criminal law is very complicated, even in District Court on misdemeanor or traffic violations.
- Hatfield Harris:
Defending against a charge of drunk driving in Arkansas is tricky business. An Arkansas DUI defense attorney needs to understand scientific and medical concepts, and must be able to question tough witnesses including scientists and police officers.
If you want to fight your drinking and driving charge in Arkansas, youÕre well advised to hire an attorney who has experience in these types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.
The laws concerning Òdrunk drivingÓ have changed radically over recent years. A person arrested today for driving under the influence of alcohol (ÒDUIÓ, also referred to as ÒDWIÓ or driving while intoxicated) faces complicated criminal procedures and a potentially devastating punishment that can be more severe than a penalty handed down in a felony case.
An attorney with experience in blood alcohol analysis and drunk driving cases can effectively handle criminal and administrative proceedings. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.
- Keith, Miller, Butler, Schneider & Pawlik: First, it is important to understand the difference between a DWI (driving while intoxicated) and a DUI (driving under the influence). Although many people use the terms DWI and DUI interchangeably, there are some major differences in Arkansas. DUIÕs are applicable only to people under the age of 21 and carry penalties that are not as severe as a DWI. Someone under 21 can still be charged with a DWI if their blood alcohol content is high enough but that is beyond the scope of this article. A DWI is committed when a person is operating a vehicle with a blood alcohol content of 0.08 (eight hundredths) or higher or is operating a vehicle while Òintoxicated.Ó The ÒintoxicatedÓ part of the statute is designed to prohibit operating vehicles under the influence of intoxicants other than alcohol such prescription or non prescription drugs. he purpose here is to tell you what to expect once youÕve been charged with a DWI in Arkansas. Once you have been arrested and charged with DWI, the officer, before you are released, will take your drivers license and give you at least three different forms. The first form will be the ticket or citation. This will explain that you have been charged with DWI and when and where your first court appearance will be held. The second form will be a temporary driving permit which will allow you to continue driving for 30 days (unless your license is already suspended for other reasons). The third form will be to request a hearing from the Arkansas Department of Finance and Administration (DFA) to determine your eligibility to have your license reinstated. You MUST send the DFA form in to the DFA office in Little Rock within 7 days of being arrested. If you do not send it in within that time frame, they will deny your right to a hearing and impose the suspension that they see fit. They will set the hearing (if requested timely) within 20 days of receiving your form. If it is filed on time you should always have your hearing before your 30 driving permit expires. (7 days to file + 20 days to set = 27 days). The important issue to keep in mind during this process is that you have two different courses of action occurring. The first is the pending criminal case and the second is the drivers license issue with the DFA. At your hearing the DFA will determine whether or not you qualify for a restricted license or to have an interlock device installed on your vehicle for the duration of your suspension. Whether or not you refused the blood alcohol content test (BAC), how high your alcohol content levels were, whether you were intoxicated due to alcohol or drug ingestion, and whether this is your first DWI can all effect how long the suspension lasts and what type of conditions you will be subjected to during the suspension. Our attorneys have had much experience representing clients in front of the DFA office and assisting with getting the least restrictive suspension. The burden of proof for the state in a DFA hearing is very low and the hearing officers are very limited in what options they can offer but a knowledgeable attorney can sometimes get the suspension dropped for technical reasons. If your license is suspended after the hearing you will be required to do several things to get your license back from the State. The DFA usually charges a fee to reinstate the license and you will be required to get assessed for an alcohol awareness course and complete that course through a state approved agency. Completion of this course is also required by the Court in the criminal case if you are found guilty or enter a guilty plea. IF you are successful at defending your DWI case in court you can occasionally get the suspension lifted. The court date that appears on your citation is called an arraignment and is for the purpose of going before the Court to enter a ÒguiltyÓ or Ònot guiltyÓ plea. It is not advisable to enter a ÒguiltyÓ plea before the court at arraignment because you subject yourself to the full range of punishment including jail time without having had a chance to review the evidence against you. If you plead ÒguiltyÓ the judge will sentence you as he sees fit within the bounds of the law. If you plead Ònot guiltyÓ you will likely be advised to speak to an attorney and will be given a new court date. It is very important to make all of your court dates unless told otherwise by your attorney. Your attorney will review the evidence against you and determine if it is in your best interest to take the case to trial or to accept a plea agreement from the prosecutor. The ranges in punishment for a DWI are very wide and depend on the individual case. Your level of intoxication, whether a wreck was involved, the presence of children, whether other charges were filed, prior alcohol related offenses, and the specific facts of your case all play a role in determining what a reasonable plea agreement is on a given DWI charge. The evidence used in a DWI case is very technical and must be obtained in a very specific manner. There may well be times that, although you were intoxicated, the police officer did not conduct himself correctly and you find yourself getting a Ònot guiltyÓ verdict at trial. A DWI charge is a very complex thing and has many different issues that need to be addressed. It can affect your job, you family, and your future. Most attorneys offer free consultations and with a DWI it is advisable to use these services.
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