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A missing certification or a failed accuracy check can provide grounds to challenge an Arkansas breath-test result. But not every paperwork gap or testing mistake makes the result inadmissible, and excluding the result doesn't automatically dismiss the DWI. The first...
In Arkansas, a DWI arrest doesn't by itself let police draw your blood. Absent an emergency, they need a search warrant or your express consent. That's different from a breath test, and the difference can decide whether a blood result is admissible. Here's what...
A controlled buy is a drug purchase arranged and monitored by law enforcement, using an informant or undercover officer. It can supply evidence for a delivery charge or a later search warrant. Missing video, incomplete surveillance, or an informant's criminal history...
Aggravated assault in Arkansas is a Class D felony that can carry up to six years in prison and a fine of up to $10,000 before enhancements. The State doesn't have to prove that anyone was injured. It must prove the conduct required by the charged subsection and...
When can Arkansas police use a drug dog? Learn how long they can hold you for a sniff, when an alert gives probable cause, and how dog searches are challenged.
Theft of property is Arkansas's umbrella theft offense. Shoplifting, embezzlement, theft by deception, and extortion are all forms of it under § 5-36-103. The grade depends mostly on value, but a growing list of property types carries its own classification. That...
Arkansas DWI penalties climb steeply with each offense. A first DWI carries 24 hours to one year in jail, a $150 to $1,000 fine, and a six-month license suspension. A fourth offense within ten years is a felony, and a sixth within twenty years is a Class B felony...
A confidential informant, or CI, supplies information or assists police while their identity is kept confidential. In an Arkansas drug case, your right to learn that identity turns on what the informant did and how their information matters to your defense. An...
Most DWI arrests in Arkansas begin with roadside tests. How those tests are administered — and what they actually prove — can make or break your case. 1. What Are Field Sobriety Tests? Field sobriety tests (FSTs) are roadside examinations such as the walk-and-turn,...
When an officer says "I smell marijuana," Arkansas law generally allows a search of the car. The real questions are whether that claim holds up, how far the search went, and whether it reached a person or a home. "Plain smell" is shorthand for the idea that an officer...