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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MINGS v. STATE - 4/18/1994
Appellant Harold Mings appeals his judgment of conviction for driving while intoxicated, second offense. He raises one issue: whether the trial court erred in denying his motion to suppress on grounds that the arresting officer who...
HILL v. STATE - 12/13/1993
This case involves a DWI committed on private property. Appellant argues that driving while intoxicated is not a criminal offense when it occurs on private property and evidence of inebriation should have been suppressed because of...
BUSSEY v. STATE - 12/13/1993
Appellant Robert Bussey was stopped by Deputy Marshal Michael Watson for speeding and driving while intoxicated, first offense. Bussey was found guilty in municipal court on both charges. He was fined $419.00, ordered to pay court...
TAYLOR v. STATE - 12/8/1993
The appellant, Brad Taylor, was convicted in municipal court of the misdemeanor of driving while intoxicated, first offense. He then appealed to circuit court. On the day set for his trial de novo in circuit court, appellant failed to...
HUDSON v. STATE - 10/27/1993
On August 7, 1992, Robert C. Hudson, appellant, was found guilty of driving while intoxicated, second offense, and running a red light. He was sentenced to six months in the Boone County Jail with all but ten days suspended, fined...
JOHNSON v. STATE - 10/25/1993
This case involves a consideration of the Arkansas implied consent law, codified at Ark. Code Ann. 5-65-202, 5-65-205 (Supp. 1991), and the effectiveness of a waiver of trial by jury. We hold that the appellant effectively waived his...
WHITSON v. STATE - 10/18/1993
William Whitson, the appellant, was found guilty of Driving While Intoxicated and violation of the Implied Consent law in the Municipal Court of Springdale. He appealed to the Washington County Circuit Court. Following a jury trial, he...
FIGHT v. STATE - 10/18/1993
The appellant, Louis Fight, was convicted of manslaughter, leaving the scene of a personal injury accident, and two counts of aggravated assault. He was sentenced to 10 years incarceration on the manslaughter count and six years on...
HAWKINS v. CITY OF PRAIRIE GROVE - 9/8/1993
Michael Hawkins was convicted of driving while intoxicated in Prairie Grove Municipal Court on January 18, 1991. Appellant filed a timely notice of appeal with the clerk of the Washington County Circuit Court and filed an affidavit of...
TALLANT v. STATE - 6/16/1993
The appellant, Billy D. Tallant, was found guilty by a jury of negligent homicide, a class D felony, and driving while intoxicated, first offense. For the negligent homicide
conviction, appellant was sentenced to a term of five...
SCALCO v. STATE - 6/16/1993
The appellant in this criminal case was arrested and charged with driving while intoxicated. Following his arrest, he was given a breathalyzer test at the direction of the arresting officer. Afterwards, the appellant asserted his...
KING v. STATE - 6/2/1993
This is an appeal from a judgment of conviction, entered upon a conditional plea of nolo contendere, for driving while intoxicated, first offense. Appellant argues that the trial court erred in denying his motion to suppress.
At...
PARSONS v. STATE - 5/18/1993
This appeal concerns an interpretation and application of the implied consent statute of the Omnibus DWI Act. The appellant, Jeffrey O. Parsons, was charged with driving while intoxicated, running a red light, and violation of implied...
FITCH v. STATE - 5/10/1993
This case involves interpretation of the Omnibus DWI Act. The facts as stipulated are that at 11:45 p.m. on August 11, 1992, Robert Fitch, the appellant, was arrested and charged with his third offense of driving while intoxicated...
HARSHAW v. STATE - 5/3/1993
Appellant was convicted of driving while under the influence of intoxicants. On appeal he argues that the trial court erred in refusing to grant his motion to suppress the evidence of his blood-alcohol level because the arresting...
IN RE PETITION OF ANDERSON - 4/5/1993
The petitioner was admitted to the Bar of Arkansas in 1980. In 1983 and 1984, while a practicing attorney, petitioner committed a number of felonies. He was charged by the United States Attorney in a three-count indictment filed in...
WHITE v. STATE - 3/31/1993
The appellant in this criminal case was charged with driving while intoxicated. He filed a
motion to suppress all evidence obtained subsequent to his stop and arrest, alleging that the City of Waldron police officers acted...
KASPAR v. STATE - 3/24/1993
The appellant in this criminal case was convicted of second degree assault. On appeal, the appellant argues that his assault conviction is barred by the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution and Article...
SEXSON v. MUNICIPAL COURT OF SPRINGDALE - 3/15/1993
Gina Delayne Sexson was arrested on July 15, 1990, by a city police officer on charges of driving while intoxicated and disobeying a traffic signal. The incident occurred in the Benton County portion of the Springdale, Arkansas city...
NEVILLE v. STATE - 2/24/1993
The appellant, Robert Neville, was convicted in a non-jury trial of driving while intoxicated, fourth offense. On appeal, the appellant contends that the trial court erred in admitting two of his prior DWI convictions which, together...
MCVAY v. STATE - 2/15/1993
Appellant Bruce McVay appeals from a judgment entered on his conviction of the felonious negligent homicide of William Mann. Death resulted from a collision between vehicles driven by Mann and McVay. On appeal McVay challenges three...
SANDERS v. STATE - 2/8/1993
This is an appeal of a conviction for driving while intoxicated (DWI). The appellant, Edward Sanders, argues that one may not be convicted of DWI while operating a vehicle on a private roadway. We affirm the conviction.
Sanders...
MANATT v. STATE - 11/9/1992
Shortly after midnight on September 1, 1991, State Trooper Steve Shults was driving his police car on Highway 67 near the Missouri state line when he saw a pickup truck exceeding the speed limit while traveling south toward Corning....
MARTINDILL v. STATE - 11/4/1992
The appellant, Randall D. Martindill, was arrested for driving while intoxicated by David Newman, an auxiliary police officer for the City of McRae. The arrest occurred when Newman stopped appellant's vehicle after twice observing it...
WINKLE v. STATE - 11/2/1992
The issue in this case is whether the accused waived his right to a jury trial. Appellant was charged by citation in circuit court with the felony of driving while intoxicated, third offense, and with the misdemeanors of driving on a...
CALNAN v. STATE - 11/2/1992
The appellant, Erin Marie Calnan, was convicted of first-offense DWI, disorderly conduct, and as a result of her refusal to take a breathalyzer test, violation of the implied consent law. She was sentenced to two days in jail with...
SANDERS v. STATE - 10/19/1992
Appellant, Shelly Sanders, who is deaf, made a pretrial motion to suppress statements given to law enforcement officers on March 4, 1989 on the ground that the statements were obtained in violation of Ark. Code Ann. 16-89-105(c) (Supp....
STATE v. JONES - 10/12/1992
Appellant, Ina L. Jones was charged with possession of cocaine with intent to deliver. Her motion to suppress the evidence was sustained and the state has appealed pursuant to Ark. R. Crim. P. 36.10(a) and 16.2(d).
At the...
GREER v. STATE - 10/5/1992
On May 2, 1991, about midnight, a police officer saw Ronald Greer, appellant, drive his vehicle to the left of the center line on a roadway. The officer followed appellant and saw him again drive to the left of the center line. The...
WARHURST v. WHITE - 10/5/1992
This wrongful death action was initiated by William White, as administrator of his son's, David White's, estate against Jackie Warhurst. David was a passenger on Jonathan Giles' motorcycle when Warhurst backed her vehicle onto a street...
HUITT v. STATE - 9/30/1992
The appellant in this criminal case was tried in the Bradley County Municipal Court on October 3, 1990, on charges of driving while under the influence of alcohol, running a stop sign, driving left of center, failure to signal a turn,...
STATE v. SCHAUB - 6/29/1992
The defendant, appellee
Daniel Schaub, was charged with driving while under the influence of intoxicants, with refusing to submit to a test to determine the alcohol content of his blood, and with improper display of car license...
LIGGETT v. STATE - 6/15/1992
Following the seizure of her drivers license for DWI, appellant Joanne Liggett was convicted of driving on a suspended drivers license. She challenges the conviction based on provisions of Act 549 of 1983, the Omnibus DWI Act. ...
B & F ENGINEERING - 4/20/1992
This is a tort case arising from an automobile accident. On the afternoon of October 23, 1990, the appellee, Michael Cotroneo, was driving his pickup truck westbound on Interstate 30 when he was struck head-on by a vehicle driven by...
GAVIN v. STATE - 4/13/1992
Appellant appeals from his conviction of DWI. The trial judge, sitting as the trier of fact, sentenced the appellant to serve twenty-four hours in the county jail, complete an alcohol education course, pay a $250 fine and court costs...
BROWN v. STATE - 4/1/1992
Appellant Roger Brown was convicted by a jury of driving while intoxicated, third offense, and of refusal to take a breathalyzer test. He was sentenced to six months in the county jail and fined $5,000. His driver's license was...
STATE v. J.B. - 3/31/1992
The State appeals a dismissal of a first offense DWI charge relating to the appellee, J.B., and asserts error because the juvenile court lacked subject matter jurisdiction to dismiss the charge on speedy trial grounds. We agree with...
MCDANIEL v. STATE - 3/30/1992
Appellant was stopped by a Rogers policeman for driving while intoxicated and for making an improper change of lane on a roadway. The officer issued citations for both offenses. See A.R.Cr.P. Rule 5.2. Neither an information nor an...
UILKIE v. STATE - 3/30/1992
Appellant was arrested for driving while intoxicated by Arkansas Game and Fish officer, Jack Collins. His sole issue on appeal is whether Collins had authority to arrest for violations other than those related to game and fish laws....
BOCKSNICK v. CITY OF LONDON - 3/9/1992
The appellant, Ricky Keith Bocksnick, was arrested and charged with driving while intoxicated and running a stop sign in London, Arkansas. The charges were heard by the London municipal judge, and the appellant was found guilty and...
LECLAIRE v. COMMERCIAL SIDING & MAINT. CO. - 3/9/1992
The issue in this case is whether the complaint of the appellant, Christopher M. LeClaire, stated facts upon which relief can be granted. LeClaire sued the appellee, Commercial Siding and Maintenance Company (Commercial), for damages...
ENOCH v. STATE - 2/26/1992
Appellant, John Dale Enoch, was convicted of first degree assault, a Class A misdemeanor, and sentenced to 365 days in the Washington County Jail. He argues on appeal that (1) the trial court erred in failing to dismiss the assault...
COOK v. STATE - 1/22/1992
The appellant in this criminal case was convicted of DWI in El Dorado Municipal Court. He appealed to circuit court and, after a de novo bench trial, was found guilty of DWI, first offense; sentenced to 120 days in jail with 119...
ASHWORTH v. STATE - 9/30/1991
Leon Ashworth contends the Municipal Court, in which he was convicted of driving while intoxicated and failure to maintain control of a motor vehicle, lacked jurisdiction. Ashworth was arrested in Fayetteville where the offenses...
STATE v. THORNTON - 9/16/1991
On May 2, 1990, the appellee, Ranger Thomas Thornton, was involved in a car wreck which killed one person. That same day, he was charged by police citation in municipal court with the misdemeanors of speeding, reckless driving,...
CARROLL v. STATE - 9/4/1991
Appellant Harold Wayne Carroll appeals the ruling of the Garland County Circuit Court which found him guilty of refusing a breathalyzer test and suspended his driver's license for six months. Carroll claims he was confused by the...
BALLEW v. STATE - 5/28/1991
Billy Ballew was convicted in circuit court of driving while intoxicated. He contends on appeal that the trial court should
have ruled that he was entitled to a chemical analysis of his blood, breath, or urine at no expense to...
BARNES v. STATE - 5/6/1991
These five driving while intoxicated cases have been consolidated for appeal. Either Trooper Mark Blankenship or Trooper Mark Hollingsworth was the arresting officer in these cases. The appellants made a motion to suppress evidence and...
CARNEY v. STATE - 5/6/1991
This appeal is brought by a juvenile, appellant Brad Carney, from a conviction for public intoxication (a class C misdemeanor), where his sentence included suspension of his driver's license for one year. The appellant contends the...
HARBOUR v. STATE - 4/29/1991
Appellant was charged by a police citation with driving while intoxicated. At the time of the arrest, the arresting officer had not been given the required psychological evaluation. The statute applicable at that time provided that any...
SMITH v. CITY OF LITTLE ROCK - 4/1/1991
The appellant, James M. Smith, appeals his convictions for driving while intoxicated and driving left of the center line. He raises two arguments for reversal: 1) the arrest was not valid because the arresting officer did not meet the...
RIDENHOUR v. STATE - 3/25/1991
Appellant, Jeffrey Ridenhour, was arrested on December 23, 1988, and charged by police citation with driving while intoxicated. On September 13, 1989, he filed a motion to
dismiss on the ground the arresting officer did not...
MEEKINS v. STATE - 3/20/1991
Reynaldo Meekins appeals from his conviction of delivery of a controlled substance for which he was sentenced as a habitual offender to twenty years in the Arkansas Department of Correction. He contends that the trial court erred in...
NEFF v. ST. PAUL FIRE AND MARINE INS. CO. - 12/3/1990
Appellant Janet Neff brought this damage suit against appellee St. Paul Fire & Marine Insurance Co., insurer of Washington County Regional Medical Center, alleging that by delivering the body of her stillborn fetus to her husband,...
LUKEHART v. STATE - 10/31/1990
The appellant, Randall L. Lukehart, appeals his conviction of driving while intoxicated, third offense, for which he was sentenced to ninety days in jail, fined $2,000, and his driver's
license was suspended for a period of two...
TENENBAUM CO. v. DIRECTOR OF LABOR - 10/3/1990
The appellee in this unemployment compensation case, Terry Thrasher, was employed by the appellant as a truck driver. On October 4, 1988, while off duty and driving his own automobile, the appellee was charged with driving while...
PERRY v. STATE - 7/16/1990
At 3:30 a.m. on February 25, 1988, officer Ken Edmunson was on duty as a Searcy policeman. He was driving a city patrol car on his route to check buildings when he saw a dark-colored car circling around the parking lot of Searcy...
BENNETT v. HOLLOWELL - 6/27/1990
The appellant, Judy Lynn Bennett, appeals from the chancellor's decision denying her motion for a change of custody. The parties were divorced by decree of October 10, 1984, wherein appellant was awarded custody of their son and...
RODGERS v. STATE - 6/13/1990
Danny Paul Rogers appeals from his conviction at a non-jury trial of driving while intoxicated, fourth offense. He does not contend that the evidence was insufficient to sustain a conviction of the underlying charge of driving while...
PYLAND v. STATE - 6/11/1990
This is an appeal of a sentence imposed in a revocation hearing. The issue is whether the court erred in refusing to grant a continuance at the request of Lee Allen Pyland, the appellant, for the purpose of obtaining an evaluation of...
STATE v. MASSERY - 6/11/1990
The state has appealed the acquittal of the appellee, David Massery, who was tried for driving while intoxicated. It is contended that the appeal is authorized by Ark. R. Crim. P. 36.10(b) and (c) because an error has been committed in...
CASOLI v. STATE - 6/4/1990
Pier L. Casoli, the appellant, sought a writ of prohibition and mandamus from the circuit court to prevent a trial from taking place in Huntsville Municipal Court and to have returned to him two appearance bonds which had been...
ROBINSON v. SUTTERFIELD - 4/2/1990
Appellant, a sixteen-year-old youngster, seeks a writ of prohibition to prevent a municipal court from hearing a charge of driving while under the influence which was filed against him. He contends the charge can only be heard in...
FREEMAN v. CITY OF DEWITT - 3/26/1990
The appellant, Carl Freeman, was convicted of driving while intoxicated, first offense, and sentenced to 24 hours in jail, which was reduced to time served, fined $593.00 plus costs of $51.25, had his driver's license suspended for 90...
WORTHINGTON v. STATE - 3/26/1990
Petitioner, John R. Worthington, is attempting to appeal from a
conviction of first offense DWI.
Worthington has requested that the clerk accept the record tendered as a result of his notice of appeal. The clerk has...
JOHNSON v. CITY OF KENSETT - 3/26/1990
The issue in this appeal is whether the charge brought against the appellant, Michael Johnson, was invalid because of the failure of the officer who brought the charge to meet certain minimum qualifications of the Law Enforcement...
SMITH v. STATE - 3/19/1990
The appellant, Gary Smith, was convicted in the Pulaski County Circuit Court on the
charge of driving while intoxicated, fourth offense. On appeal, he argues that (1) the trial court erred in denying his motion to suppress; (2)...
RYAN v. STATE - 2/28/1990
Appellant, Paul T. Ryan, Jr., was tried by the court without a jury and convicted of first offense driving while intoxicated. On appeal, he challenges the sufficiency of the evidence.
At trial, Baxter County Deputy Sheriff...
GALLAGHER v. CITY OF VAN BUREN - 2/28/1990
Appellant, John David Gallagher, was tried before a jury on May 19, 1988, for the offense of driving while intoxicated. The jury Was unable to reach a verdict and the trial court declared a mistrial. On November 23, 1988, the matter...
MCDONALD v. WILCOX - 11/20/1989
In this personal injury case, the only issue on appeal is whether the trial court erred in denying appellant's motion in limine to exclude evidence of prior crimes to impeach the testimony of appellant and his chief witness pursuant to...
HOLT v. STATE - 10/30/1989
This appeal is from the appellant's conviction of driving while intoxicated, fourth offense. Appellant received the minimum sentence provided by law. He raises six points for reversal in this appeal, but appellant insists in his brief...
WEAVER v. CITY OF FORT SMITH - 10/18/1989
Shirley Weaver appeals her conviction of driving a motor vehicle while intoxicated, for which she was fined and her driver's license was suspended for ninety days. Her license was suspended for an additional six months based on a...
NOTTINGHAM v. STATE - 10/11/1989
The appellant, Larry Nottingham, appeals his conviction of DWI, a violation of Ark. Code Ann. 5-65-103 (1987). Upon conviction, his driver's license was suspended for a period of ninety days, and he was fined $500, plus costs. On...
GRABLE v. STATE - 5/1/1989
The appellant, James Grable, seeks reversal of his conviction of driving while intoxicated on the ground that the officer who arrested him did not meet mandatory qualifications to make the arrest, and thus the charge against him was...
MITCHELL v. STATE - 5/1/1989
This is an appeal from the appellant's conviction of driving while intoxicated, first offense, and driving off a laned highway. The appellant moved for the charges to be dismissed and made a motion for suppression of the evidence on...
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