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Arkansas Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Arkansas or Court of Appeals of Arkansas where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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IN RE: $3 - 3/18/1999
This is an appeal from the Circuit Court of Crittenden County and involves the seizure and forfeiture of over $3.1 million found in the course of a random search of a tractor-trailer truck on an Arkansas highway. The litigation is a...

WALLS v. STATE - 3/4/1999
Appellant Charles A. "Jack" Walls appeals from a sentence given by the circuit judge following his guilty plea to five counts of rape and a plea of nolo contendere to one count of rape. The circuit judge sentenced Walls to two...

THOMAS v. STATE - 2/17/1999
Phillip Thomas appeals his misdemeanor conviction for driving while intoxicated, first offense, contending that his detention by an officer acting outside his territorial jurisdiction is an illegal arrest and that evidence obtained as...

HILL v. STATE - 2/17/1999
The appellant in this probation revocation case pled guilty to certain offenses in 1995 and was placed on probation for six years on various conditions, including that he refrain from violating any city, state, or federal laws and that...

WORTHAM v. STATE - 2/3/1999
The Pulaski County Circuit Court found the appellant, Clay Wortham, guilty of driving while intoxicated, third offense, speeding, and driving on a license suspended for DWI. Appellant received a sentence of 180 days' incarceration, a...

PASCALE v. STATE - 1/20/1999
After a jury trial, Stephen Pascale was convicted of driving while intoxicated, fourth offense, refusing to submit to a breathalyzer test, operating a vehicle during a suspended license, and speeding. On appeal, he contends that the...

HUNTER v. STATE - 6/24/1998
Appellant James Hunter was convicted by a jury of driving while intoxicated, possession of a controlled substance, and resisting arrest. He was thereafter sentenced to a total of three years in the Mississippi County Detention Center....

DIEHL v. STATE - 4/9/1998
Appellant Edwin G. Diehl has filed a motion for belated appeal. Appellant was convicted on August 11, 1997, of driving while intoxicated, but he was not formally sentenced until September 10, 1997. The record reflects that the notice...

CONTINENTAL EXPRESS v. HARRIS - 4/8/1998
Continental Express, a trucking company, appeals a decision of the Workers' Compensation Commission holding that appellee had rebutted the presumption contained in Ark. Code Ann. § 11-9-102(5) (B) (iv) (b) (Repl. 1996), and proved that...

HODGE v. STATE - 3/26/1998
This is a capital-murder case in which Aaron Michael Hodge, who was seventeen years old at the time of the crime, was convicted of shooting to death his mother, Barbara Flick, his stepfather, David Flick, and his half-sister, Andria...

MEDLOCK v. STATE - 3/5/1998
Appellant John E. Medlock brings this appeal following an earlier one decided in Medlock v. State, 328 Ark. 229, 942 S.W.2d 861 (1997). Both appeals involve his November 25, 1995 arrest for suspicion of driving while intoxicated (DWI)...

SPRINGSTON v. STATE - 2/25/1998
Richard Springston brings this appeal from his first-offense conviction of driving while intoxicated for which he was sentenced to fourteen days in jail, fined $500, and his driver's license was suspended for thirty days. For...

FRETTE v. CITY OF SPRINGDALE - 1/15/1998
The primary issue in this case is whether a police officer acted lawfully in ordering appellant, Paul Frette, the occupant of a parked tractor-trailer, out of his vehicle. The officer, who suspected that Frette was intoxicated, acted...

REED v. STATE - 12/4/1997
Appellant Adrian Reed appeals the judgment of the Pope County Circuit Court convicting him of driving while intoxicated (DWI), second offense, and sentencing him to nine months in jail, suspending his driver's license for twelve...

STATE v. STEPHENSON - 11/13/1997
[1, 2] Appellee Larry James Stephenson was charged as a habitual offender with possession of drug paraphernalia and maintaining a drug premises. Appellee was tried by a jury on December 4, 1996. The case never reached the jury,...

PYRON v. STATE - 10/2/1997
Collin Andrew Pyron, appellant, was arrested by the Fayetteville Police Department on July 19, 1996, and charged with driving while intoxicated and refusal to submit to a chemical analysis. On August 20, his driver's license was...

DIRICKSON v. STATE - 9/25/1997
The appellant, Albert Allen Dirickson, was convicted of three counts of attempted capital murder and single counts of attempted rape and residential burglary. He was sentenced to a total of 140 years' imprisonment for the offenses....

LIBERTY MUT. INS. CO. v. THOMAS - 9/17/1997
This case presents a question in the law of insurance. The facts are not in dispute. On June 6, 1994, James Austin rented a 1994 Ford Probe from Trotter Ford in Pine Bluff. The rental agreement he signed provided that he would use the...

MCELHANON v. STATE - 6/30/1997
Appellant Kevin McElhanon was charged in municipal court with driving while intoxicated ("DWI") in violation of Ark. Code Ann. § 5-65-103 (Repl. 1993), but was convicted of driving under the influence ("DUI") in violation of Ark. Code...

SHANNON v. WILSON - 6/23/1997
This is an appeal asking us to reconsider our decisions in Carr v. Turner, 238 Ark. 889, 385 S.W.2d 656 (1965), and the line of decisions following that ruling in which we determined that there is no liability imposed upon one who...

FRETTE v. STATE - 6/18/1997
Paul Frette was charged with violating Ark. Code Ann. § 27-23-113 (Supp. 1993), which prohibits a person from operating or being in physical control of a commercial motor vehicle while having alcohol in his system. His pretrial motion...

KENYON v. STATE - 6/4/1997
Appellant Terry Jay Kenyon appeals his conviction of two counts of negligent homicide for which he was sentenced to a term of imprisonment of twelve months and fined $2,000. Appellant raises three points on appeal. He first argues that...

BRAGG v. STATE - 5/27/1997
Appellant Rodney Bragg appeals the judgment of the Nevada County Circuit Court convicting him of delivery of a controlled substance (cocaine), a Class Y felony, in violation of Ark. Code Ann. § 5-64-401 (Repl. 1993), sentencing him to...

MACE v. STATE - 5/19/1997
The appellant, Bruce Mace, was charged with driving while intoxicated, making an illegal left turn, and refusing to submit to a chemical test. He was convicted in municipal court and appealed to circuit court. After granting Mace's...

MEDLOCK v. STATE - 4/28/1997
The appellant, John Ervin Medlock, was convicted in Fort Smith Municipal Court of driving while intoxicated and for refusing to submit to a breathalyzer test. He appealed his convictions to the Fort Smith District of Sebastian County...

WRIGHT v. STATE - 3/17/1997
Appellant Johnny Wright was found guilty by a jury of possession with intent to deliver methamphetamine, simultaneous possession of drugs and firearms, possession of drug paraphernalia, and possession with intent to deliver marijuana....

MULLINAX v. STATE - 1/21/1997
Appellant Bobby Joe Mullinax was found guilty in Springdale Municipal Court of driving while intoxicated; he was fined $300.00, ordered to pay court costs of $335.25, sentenced to one day in jail, had his driver's license suspended for...

PAYNE v. STATE - 1/13/1997
The Arkansas Court of Appeals has certified to this court the State's motion to dismiss the appeal of appellant Dolphus Paul Payne. The State's motion has merit, and we dismiss the appeal due to Payne's failure to comply with the...

JOHNSON v. STATE - 11/6/1996
William Bert Johnson appeals from his non-jury felony conviction of driving while intoxicated, fourth offense. Appellant was sentenced to three years in the Arkansas Department of Correction, with two years suspended, and was...

CHRONISTER v. STATE - 10/23/1996
Appellant Daniel Chronister appeals from his conviction of driving while intoxicated, first offense. On May 4, 1994, appellant was convicted in Russellville Municipal Court of DWI, first offense, and driving left of center. He...

SMITH v. STATE - 10/23/1996
The appellant, Kenneth Smith, was found guilty in a jury trial of driving while intoxicated, first offense, for which he was sentenced to a year in jail and fined $500. Appellant raises three evidentiary issues on appeal. Finding no...

CLIFTON v. STATE - 10/14/1996
Chad Clifton files this petition for writ of prohibition against the Pulaski County Circuit Court after that court denied his motion to dismiss for failure to provide a speedy trial. Our review of the record reflects the trial court...

BURRADELL v. STATE - 10/7/1996
The issue in this case is whether we will prevent a trial judge from exercising his or her contempt authority when a defendant appears in court under the influence of alcohol. The appellant, Richard Burradell, appeared in Rogers...

STATE v. JOHNSON - 10/7/1996
The appellee, John L. Johnson Jr., was charged by misdemeanor information in circuit court with driving while intoxicated, first offense, operating a motor vehicle without a driver's license, making an illegal turn, disorderly conduct,...

SHERMAN v. STATE - 9/30/1996
Appellant, Patrick L. Sherman, appeals the judgment of the Clark County Circuit Court convicting him of fleeing, first-degree assault, and two counts of first-degree battery, fining him $10.00, and sentencing him to a cumulative...

BYRD v. STATE - 9/23/1996
Michael Wayne Byrd was convicted of driving while intoxicated, Ark. Code Ann. § 5-65-103 (Repl. 1993), in the Prairie Grove Municipal Court on May 17, 1993. He appealed his conviction to the Washington County Circuit Court, and in a de...

STATE v. WILCOX - 9/9/1996
Appellant John Wilcox pled guilty to driving while intoxicated, first offense, before a special or temporary judge in municipal court. The judge delayed sentencing until the return of the regular sitting judge, Doug Schrantz. The...

BENNETT v. STATE - 6/26/1996
Claude Bennett was found guilty in Pulaski County Circuit Court of driving while intoxicated. He was sentenced to one year's imprisonment with an additional two years suspended. On appeal, Bennett contends that the trial court erred in...

ROBERSON v. STATE - 6/26/1996
Appellant, Tina Roberson, was convicted by a jury of possession of a controlled substance with intent to deliver and sentenced to twenty-three years in the Arkansas Department of Correction. Prior to trial, appellant filed a motion to...

WHITTLE v. WASHINGTON COUNTY CIRCUIT COURT - 6/24/1996
Bradford Allen Whittle seeks a writ of prohibition to prevent the Washington County Circuit Court from trying him on charges of misdemeanor offenses which were brought against him in 1991. We grant the writ because Mr. Whittle has been...

BARNETT v. CITY OF DARDANELLE - 5/20/1996
Appellant Mark Barnett, by his attorney, Dale W. Finley, has filed for a rule on the clerk. Barnett was found guilty in Yell County Municipal Court, Dardanelle Division, of speeding, minor in possession of alcohol, and driving while...

MCCLUNG v. STATE - 5/8/1996
Terrence McClung appeals from his conviction of driving while intoxicated, for which he was sentenced to one day in jail, was fined $400.00, and had his driver's license suspended for ninety days. He contends that the trial court erred...

MULLINAX v. STATE - 5/1/1996
The appellant entered a conditional plea of guilty to driving while intoxicated pursuant to Rule 24.3(b) of the Arkansas Rules of Criminal Procedure. The appellant was fined $250.00, ordered to pay court costs of $403.00, and had his...

ROBERTS v. STATE - 4/1/1996
Appellant, Sandra Colleen Roberts, appeals the order of the Washington County Circuit Court finding her guilty of driving without a license, of violating Arkansas Code Annotated § 5-65-303 (Repl. 1993) of the "Underage Driving Under...

TAUBER v. STATE - 4/1/1996
Mark Tauber was stopped by State Trooper Cary Lovaas for driving 66 miles per hour in a 55-miles-per-hour zone. Trooper Lovaas smelled alcohol and administered field sobriety tests, all of which Mr. Tauber failed. He took Mr. Tauber to...

GREEN v. STATE - 3/13/1996
Terry Green appeals his misdemeanor convictions of driving while intoxicated (DWI), violating the implied consent law, and of driving without a valid license. As a consequence of the jury's verdicts, he was sentenced to ninety days in...

DOKES v. STATE - 2/26/1996
Leonard Dokes was convicted of driving while intoxicated. He attempted to lodge the record of trial with this Court, but the Clerk refused the record because the notice of appeal was not filed within the prescribed time. Mr. Dokes,...

FRANA v. STATE - 1/8/1996
Appellant was arrested and issued citations for driving while intoxicated, improper lane change, and violation of the implied-consent law. The citations were filed as three separate cases in the Municipal Court of Bentonville....

WATSON v. CITY OF FAYETTEVILLE - 11/6/1995
Raymond Wade Watson was convicted in a trial to the court without a jury of driving while intoxicated, first offense, and failure to maintain control of his motor vehicle. He was ordered to report to the Ozark Guidance Center (OGC) for...

DUPREE v. STATE - 9/27/1995
The appellant was convicted in a jury trial of second degree criminal mischief. He was sentenced to six years in the Arkansas Department of Correction and fined $1,000.00. He was also convicted of driving while intoxicated,...

PETREE v. STATE - 7/10/1995
The appellant pleaded guilty to driving while intoxicated, fourth offense, and was sentenced to two years imprisonment to be followed by five years of probation. His driver's license was revoked for three years. The judgment and...

GARRIGUS v. STATE - 7/3/1995
Appellant Clifton Duane Garrigus appeals from his conviction for underage driving while under the influence of alcohol in violation of Act 863, Acts of Arkansas (1993), which offense is codified at Ark. Code Ann. § 5-65-301 through...

GEORGE'S INC. v. DIRECTOR - 6/28/1995
Appellant, George's Inc., appeals from an Arkansas Board of Review decision awarding unemployment benefits to appellee Jimmy Don Wilson. The Board found that appellee was discharged from his last work for reasons other than misconduct...

WHITMIRE v. STATE - 6/21/1995
This appeal was originally filed in the Arkansas Supreme Court and was transferred to this court. The appellant was given a traffic citation for violating Ark. Code Ann. § 5-65-103 (Repl. 1993), which makes it unlawful for a...

STATE v. ROBERTS - 6/12/1995
As the result of a police roadblock in Carroll County, Laura Roberts was cited for underage driving under the influence of alcohol, a violation punishable only by fine. Ark. Code Ann. § 5-65-303 (Repl. 1993). Shirley Hudson was cited...

WILLIAMS v. INGRAM - 5/30/1995
This is a wrongful death case. The appellant, Pearl Williams, acting as administratrix of the estate of Byron Riccardo Williams, raises three points for reversal: (1) the trial court erred in failing to allow the appellant's expert to...

CITY OF LITTLE ROCK v. CAMERON - 5/8/1995
This case involves an appeal from a grant of a directed verdict in favor of the appellee, Kevin Scott Cameron. The City of Little Rock, as appellant, contends that the trial court erred in its ruling. We do not agree and affirm. ...

STEPHENS v. STATE - 5/8/1995
Appellant, Dwayne Edward Stephens, appeals a judgment of the Washington County Circuit Court convicting him of driving while intoxicated, fining him $250.00 plus court costs, suspending his driver's license for ninety days, and...

DRUMMOND v. STATE - 5/1/1995
Appellant Craig Alan Drummond appeals from a judgment of conviction for the offense of underage driving while under the influence of alcoholic beverages. The legislation making underage DUI an offense was Act 863 of 1993 and is now...

BECKNER v. STATE - 4/5/1995
The appellant in this criminal case was charged with driving while intoxicated. After a de novo bench trial in circuit court, she was convicted of that offense, fined $500, sentenced to one day in jail, and ordered to complete an...

HENRY v. STATE - 3/15/1995
The appellant was convicted in a bench trial on January 7, 1994, of driving while intoxicated. Judgment was entered on January 26, 1994. The appellant filed his notice of appeal on February 7, 1994. The appellant also filed a Motion to...

MASSENGALE v. STATE - 3/13/1995
Appellant was convicted in municipal court of driving while intoxicated and refusing to submit to a breathalyzer test. He appealed to circuit court where he was again convicted of both offenses. He appealed to the court of appeals...

PRICE v. STATE - 12/14/1994
The appellant was convicted in a bench trial of driving while intoxicated second offense, driving on a suspended driver's license, and speeding. She was fined $52.00 for speeding, sentenced to ten days in jail for driving on a...

WETHERINGTON v. STATE - 12/12/1994
Appellant, Carlie Wetherington, appeals a judgment of the Clark County Circuit Court convicting him of Driving While Intoxicated, Fourth Offense, fining him $1,000.00, suspending his driver's license for three years, and sentencing him...

MASSENGALE v. STATE - 12/7/1994
Appellant James Massengale was convicted in a jury trial of the crimes of driving while intoxicated and refusing to submit to a breathalyzer test. On appeal appellant argued that the trial court erred in allowing testimony about two...

BEASLEY v. STATE - 10/26/1994
The appellant was convicted in a bench trial of driving while intoxicated, first offense. He was sentenced to one day in jail, ordered to serve ten hours of community service, fined $250.00 plus court costs and ordered to attend DWI...

BASURA v. CITY OF SPRINGDALE - 10/12/1994
From a stipulation in this case, we know the appellant was arrested for DWI on March 4, 1991; that he appeared in municipal court and entered a plea of guilty to the charge on March 19, 1991; and that he was sentenced on April 29,...

STATE v. KNIGHT - 10/3/1994
This is an appeal by the State of Arkansas. The State contends that the circuit judge erred in reducing the charge against appellee Timothy D. Knight to possession of a controlled substance - methamphetamine - after Knight had pled...

SCALCO v. CITY OF RUSSELLVILLE - 9/26/1994
A policeman stopped appellant's car and asked appellant to take field tests for sobriety. Appellant failed to satisfactorily perform any of the tests, and the policeman took him to the local jail for a breathalyzer test....

CAGLE v. STATE - 9/14/1994
The appellant, Rickey Dee Cagle, was convicted at a jury trial of the misdemeanor of driving while intoxicated, first offense. On appeal to this court, appellant contends that the trial court erred in denying his motion for a...

THORNTON v. STATE - 9/12/1994
It is "unlawful . . . for any person who is intoxicated to operate or be in actual physical control of a motor vehicle." Ark. Code Ann. 5-65-103(a) (Repl. 1993). "Intoxicated," as defined in Ark. Code Ann. 5-65-102(1) (Repl. 1993),...

BYRD v. STATE - 7/18/1994
Appellant Michael Wayne Byrd contends that Act 592 of 1993, now codified at Ark. Code Ann. 16-32-202 et seq. (Repl. 1994), violates the Arkansas Constitution because it permits a trial court to empanel a six-person jury for misdemeanor...

KAY v. STATE - 6/15/1994
Leonard Kay appeals from his conviction at a bench trial of driving while intoxicated, second offense. He contends that the trial court erred in admitting into evidence the results of a breathalyzer test given at the direction of the...

HAGAR v. CITY OF FORT SMITH - 5/31/1994
Appellant, Walker Hagar, Jr., appeals a judgment of the Sebastian Circuit Court convicting him of Driving While Intoxicated, Second Offense. The judgment sentenced appellant to pay a $750.00 fine, costs of $321.25, and to serve a...

WILSON v. STATE - 5/5/1994
Appellant David Wilson was tried by the court without a jury and convicted of DWI, second offense. He was sentenced to seven days in jail; a fine of $400.00 plus costs; his driver's license was suspended for one year; and he was...

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