If you have been charged with DWI in Arkansas, one of the first questions you may ask is whether the case can be dismissed.
The answer is: yes, but not in the way most people expect.
Arkansas treats DWI charges differently than many other criminal offenses. Prosecutors cannot simply reduce a DWI to a lesser charge or dismiss it at their discretion, even if they wanted to.
Because of this, the path to dismissal in a DWI case is usually tied to the strength — or weakness — of the evidence.
Why DWI Cases Are Different in Arkansas
Unlike many other criminal charges, DWI offenses in Arkansas are subject to specific statutory requirements that limit how they can be resolved.
Prosecutors are not permitted to reduce a DWI charge to a lesser offense such as reckless driving. This means that traditional plea negotiations may look different than they would in other types of cases.
As a result, the focus often shifts to whether the State can actually prove the case.
What the State Must Prove
To obtain a conviction, the State must prove beyond a reasonable doubt that a person was operating or in actual physical control of a motor vehicle while intoxicated.
This may be based on:
- A blood alcohol concentration at or above the legal limit
- Evidence of impairment from alcohol or drugs
If the State cannot meet this burden, the case cannot result in a conviction.
How DWI Cases Can Be Dismissed
Because prosecutors generally cannot reduce or simply dismiss DWI charges, dismissals typically occur when there are legal or evidentiary problems in the case.
Some of the most common issues include:
1. Illegal Traffic Stop
Police must have a valid legal reason to stop a vehicle. If a stop occurs without reasonable suspicion, evidence obtained afterward may be challenged and potentially excluded.
Without that evidence, the State may not be able to proceed.
2. Problems With Field Sobriety Tests
Field sobriety tests are often used to support DWI charges, but they are not always reliable. These tests can be affected by:
- Uneven ground
- Lighting conditions
- Medical or physical limitations
- Improper instructions
Issues with how these tests were conducted can impact how much weight they carry in court.
3. Breath or Blood Test Issues
Chemical testing must follow specific procedures. Problems with calibration, administration, or handling of samples may affect whether test results are reliable or admissible.
4. Weak Evidence of Impairment
In some cases, the evidence may not clearly establish impairment. For example:
- No erratic driving
- No odor of alcohol
- No observable signs of impairment
When the evidence is weak or inconsistent, it may not meet the legal standard required for a conviction.
What Is a “Stand and Rest” in a DWI Case?
Because of the limitations on reducing or dismissing DWI charges, some cases are resolved through what I refer to as a “stand and rest.”
In this situation, the case proceeds to trial, but the prosecution does not present evidence to support the charge.
When that happens, the defense may move for a directed verdict based on the State’s failure to meet its burden of proof.
If granted, the case is dismissed.
This type of outcome is not based on negotiation alone — it reflects a determination that the State cannot prove the case.
Dismissal Is About Evidence, Not Negotiation
In Arkansas DWI cases, dismissal is typically tied to legal defenses and evidentiary issues rather than plea bargaining.
This makes it especially important to carefully evaluate how the case was investigated and what evidence actually exists.
Why Early Legal Representation Matters
DWI cases often involve technical issues related to traffic stops, testing procedures, and evidence collection.
An experienced defense attorney can review the facts of the case, identify potential weaknesses, and determine how best to challenge the State’s evidence.
If you have been charged with DWI in Arkansas, it is important to speak with a defense attorney as soon as possible to understand your options.
Contact Rhodes Criminal Law to discuss your case and how the evidence against you may be challenged.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.