Arkansas AR DWI Blood Test
Reader’s Question:
The level of blood alcohol concentration is normally used as a basis in the courts to convict a person suspected of DWI in Arkansas. Is this aspect always looked into during the prosecution process?
Patrick
Fayetteville, AR
Thanks for your question, Patrick. In the state of Arkansas , there are two ways that a person can be prosecuted for driving while intoxicated. One way is based on the impairment of the driver after consuming alcohol where the case is built around the driver being too impaired to operate a motor vehicle. In this type of DWI case, driving habits, failure to perform sobriety tests successfully, the physical appearance of the defendant, and the smell of alcohol on the defendant may all be taken into consideration. The DWI offender’s blood alcohol concentration level need not be proved by the prosecutor.
The second way is based on chemical testing, not on driver habits or behavior where the defendant’s blood alcohol concentration level is greater than the legal limit of 0.08%. In this type of DWI case, the defendant’s impairment to operate a motor vehicle is not relevant. What needed to be proved by the prosecutor is that the defendant has exceeded the legal blood alcohol level.
Contacting an Arkansas DWI lawyer immediately is best since both types of cases have serious legal and administrative consequences. It is important to have someone to guide you through the legal system and defend you both in court and at any Department of Motor Vehicles proceedings.