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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FIEGEL v. CITY OF CABOT - 4/12/1989
The appellant in this criminal case was convicted in a non-jury trial of DWI, second offense. The only issue raised in the trial court was whether law enforcement personnel adequately assisted him to obtain additional blood alcohol...
HODGE v. STATE - 3/22/1989
George J. Hodge appeals from his conviction of driving while intoxicated, fourth offense, for which he was sentenced to a term of one year in the Arkansas Department of Correction and fined $900.00. We find sufficient merit in one...
NEBLE v. STATE - 12/21/1988
This appeal comes to us from Polk County Circuit Court. Appellant, Earl Orson Neble, appeals his conviction of driving while intoxicated, a violation of Arkansas Code Annotated 5-65-103(a) (1987), and the sentence imposed therefor. We...
DESHAZIER v. STATE - 12/21/1988
Appellant, Harrell Deshazier, Sr., argues two points for reversal of his conviction under the Omnibus DWI Act. The first point concerns the trial court's refusal to grant appellant's motion for a directed verdict, while the second...
DEWEESE v. STATE - 12/7/1988
The appellant, Stewart Deweese, appeals from a conviction of driving while intoxicated, third offense. He contends the charge should have been dismissed because it was barred by limitations.
It is admitted that appellant was...
GRIFFIN v. STATE - 12/5/1988
The appellant, a resident of Springdale, was arrested in Springdale, in Washington County, at 2:30 a.m. for driving while intoxicated and three related traffic offenses. He was taken to the Washington County jail in Fayetteville, where...
TIMS v. STATE - 11/23/1988
The appellant was convicted in a non-jury trial of driving while intoxicated, fourth offense. He was sentenced to six years in the Arkansas Department of Correction. From that conviction, comes this appeal.
On June 13, 1987, the...
COFFMAN v. STATE - 11/9/1988
Appellant was convicted of DWI, first offense, by a judge sitting without a jury and sentenced to 24 hours in jail, fined $150.00 plus costs, his driver's license was suspended for 90 days, and he was ordered to attend DWI school. On...
HELMS v. STATE - 11/7/1988
Appellant Larry Helms was convicted in the Municipal Court of Searcy, Arkansas, of speeding and driving while intoxicated. On appeal, the convictions were affirmed by the White Circuit Court. The arresting officer testified that the...
ADAMS v. STATE - 10/26/1988
Appellant, Barton Boyd Adams, appeals (1) his conviction of possession of a controlled substance with intent to deliver for which he was sentenced to pay a fine of $3,000.00 and to serve four years in the Arkansas Department of...
BLAKEMORE v. STATE - 10/19/1988
The appellant was convicted in the Municipal Court of Jacksonville of driving while intoxicated, first offense. The appellant appealed to circuit court, where, after a de novo bench trial, he was again found guilty and he was sentenced...
STEVENSON v. STATE - 10/12/1988
The appellant in this criminal case was convicted in the Municipal Court of Clinton, Van Buren County, Arkansas, of the offense of driving while intoxicated. He appealed this conviction to the Circuit Court of Van Buren County for...
CREDIT v. STATE - 10/12/1988
The sole issue presented by this appeal is whether a constable is authorized to make an arrest and issue a valid citation charging one with the offense of driving a motor vehicle while intoxicated, first offense, which is committed in...
CARMICHAEL v. STATE - 10/10/1988
Appellant James Carmichael was convicted of capital felony murder and attempted rape. He was sentenced to life without parole and has appealed on three
assignments of error: (I) the trial court erred in limiting appellant's...
BLEVINS v. SAFEWAY - 10/5/1988
Roger Blevins was a produce buyer for a Little Rock Safeway store. On March 10, 1983, Blevins and Alice Denson, a co-worker, went out to dinner with Quinton Lundberg, a regional produce supervisor. Sometime late that evening, or early...
GRAHAM v. STATE - 9/14/1988
The appellant in this case was convicted in the Elkins Municipal Court for driving while intoxicated. On appeal to circuit court, he was again convicted. In his appeal to this court, the appellant argues that the City of Elkins could...
SPARKS v. STATE - 8/24/1988
This appeal comes to us from Pulaski County Circuit Court, First Division. Appellant, Frank Elmo Sparks II, appeals his conviction of operating a motorboat while intoxicated. We affirm.
A felony information was filed August 6,...
P.A.M. TRANSP. v. MILLER - 6/1/1988
Appellants, P.A.M. Transportation and Intercontinental Insurance Managers, contend in this appeal from a decision of the Arkansas Workers' Compensation Commission that the finding that appellee, William K. Miller, was within the scope...
STEPHENS v. STATE - 5/23/1988
This is an appeal from a Faulkner County Circuit Court jury verdict wherein the appellant was found guilty of driving under the influence of intoxicants in violation of Ark. Stat. Ann. 75-2503 (Ark. Code Ann. 5-65-103 (1987)). She was...
PATRICK v. STATE - 5/16/1988
The legal question in this case is whether the results of a portable breath test, or what is sometimes called a roadside sobriety test, which are not admissible to prove a person is guilty of driving while intoxicated, are admissible...
PLUGGE v. STATE - 5/16/1988
Appellant, Dan W. Plugge, through his counsel, has petitioned for a rule on the clerk to file the record on appeal from his conviction of driving while intoxicated, a misdemeanor.
Appellant's counsel asserts that after entry of...
GOBER v. DANIELS - 4/11/1988
Appellant Christopher Gober was convicted in municipal court on charges of second offense driving while intoxicated (and other offenses) and was sentenced by appellee to sixty days imprisonment with fifty days suspended, $3,225.00 in...
LAWSON v. STATE - 3/14/1988
The question is whether our DWI enhancement statute can be coupled with our general habitual offender statute for sentencing on the same offense.
Appellant, David Lawson was charged with driving while intoxicated, and on March...
THARP v. STATE - 2/29/1988
A jury convicted the appellant of driving while intoxicated, and the judge, rather than the jury,
fixed the sentence. The appellant contends that the trial court erred in refusing to permit the jury to fix punishment and in...
CARR v. WOODS - 11/30/1987
Sheela Woods, appellee, sued Jeff Carr, appellant, for personal injuries sustained when her vehicle and his collided in Hamburg, Arkansas. Carr pled guilty to driving while intoxicated and failure to yield the right-of-way.
Ms....
ROGERS v. STATE - 11/2/1987
The issue in this case involving the interpretation of the Omnibus DWI Act is when does a prior "offense" occur for purposes of penalty enhancement. A stipulation of facts between the appellant and the State shows that on May 11, 1986,...
RIDEOUT v. STATE - 10/14/1987
The appellant, Frederick Rideout, was convicted of driving while intoxicated. His drivers license was suspended for a period of 90 days, and he was fined $150.00 plus costs and sentenced to 24 hours already served in jail. On appeal,...
MUNGUIA v. STATE - 10/14/1987
The appellants in this criminal case were charged with possession of a controlled substance with intent to deliver, a violation of Ark. Stat. Ann. 82-2617 (Supp. 1985). Both of the appellants filed motions to suppress certain evidence,...
URICH v. STATE - 10/5/1987
Appellant Jay Urich was convicted in the Municipal court of Ft. Smith of driving while intoxicated in violation of the Omnibus DWI Act, Ark. Stat. Ann. 75-2501 et seq. Appellant was fined $500 and his driver's license was suspended for...
GOBER v. STATE - 9/16/1987
This is an appeal from a conviction of resisting arrest and refusing to submit to a breathalyzer test. For resisting arrest, appellant was fined $500.00, and for refusing to submit to a breathalyzer test, his driver's license was...
ALMOBARAK v. STATE - 7/22/1987
Appellant, Omar Almobarak, was convicted of DWI, first offense, fined $450.00 plus court costs of $300.05, his driver's license was suspended for 90 days, and he was ordered to attend and complete a ten-hour alcohol safety program. ...
COOK v. STATE - 7/20/1987
The appellants were charged by information and convicted of possession of a scheduled narcotic and possession with intent to manufacture or deliver controlled substances in violation of Ark. Stat. Ann. 82-2617 (Supp. 1985). The...
TURNBULL v. STATE - 7/8/1987
The appellant in this criminal case was charged with driving while intoxicated, and convicted after a trial in the City Court of Kensett, Arkansas. After a de novo appeal to the Circuit Court of White County, Arkansas, the appellant...
MOSLEY v. STATE - 7/8/1987
This is an appeal from a conviction for driving while intoxicated. Appellant was sentenced to pay a fine of $150.00 plus court costs, to attend an alcohol treatment program, and his driver's license was suspended for 90 days.
The...
BALLEW v. STATE - 6/17/1987
Nathan Randy Ballew appeals from his conviction of murder in the second degree contending only that the evidence is insufficient to sustain a finding of guilt. Although the appellant did not move for a directed verdict or otherwise...
CITY COURT OF PEA RIDGE v. TINER - 5/26/1987
Albert Tiner was charged in the City Court of Pea Ridge under state law for driving while intoxicated. The city court refused his motion for a change of venue to Rogers Municipal Court. Tiner subsequently petitioned the Benton County...
TOWNSEND v. STATE - 5/11/1987
Appellant, Buddy Townsend, challenges the jurisdiction of the circuit court, when hearing a misdemeanor appeal from the municipal court, to grant a monetary judgment for restitution in excess of the constitutional limit for municipal...
MILLER v. STATE - 4/15/1987
Appellant, David Miller, was convicted of driving while intoxicated. His sole ground for reversal on appeal is that the trial court erred in finding that the arresting officer had sufficient probable cause to stop him as he was...
MCDANIEL v. STATE - 4/1/1987
Appellant was convicted of possession of a controlled substance, cocaine, and sentenced as a habitual offender to twenty years in the Arkansas Department of Correction. On appeal, he contends his stop and detention were without proper...
COTHRAN v. STATE - 3/9/1987
James Cothran appeals from a conviction for driving while intoxicated. On August 22, 1985 Cothran drove an 18-wheeler into the Fairview Weight Station near Lake Village, Arkansas and entered the office to pay the fuel tax. Officer...
MARX v. STATE - 3/2/1987
Roger Hale Marx, the president of an asphalt construction company, stopped in a bar after work to meet a friend, Dr. Stan Heard, a chiropractor. Marx admitted to having three drinks. Dr. Heard left about 6 p.m., and a short time later...
DAVIS v. STATE - 2/9/1987
Lanelle Davis was charged in the Fayetteville Municipal Court with criminal trespass committed on or about October 1, 1984, in violation of Ark. Stat. Ann. 41-2004 (Repl. 1977). The charges stemmed from problems with her former...
REEVES v. STATE - 2/4/1987
The appellant, Charles Stephen Reeves, was convicted by jury verdict of possession of marijuana and possession of methamphetamine. Ark. Stat. Ann. 82-2617 (Supp. 1985). The court imposed concurrent sentences of one (1) year on the...
MEADOWS v. STATE - 1/26/1987
The principal issue in this case is whether an unborn viable fetus is a "person" as that term is used in the manslaughter statute. There is little dispute about the facts. The appellant, while intoxicated, drove his car in a reckless...
WEAVER v. STATE - 12/22/1986
The appellant, Anthony Eudean Weaver, was convicted of driving while intoxicated and sentenced to six months imprisonment, a $250 fine and suspension of his driver's license for 120 days. The court of appeals certified this case to us,...
MCAFEE v. STATE - 12/8/1986
The appellant contends his arrest for driving while intoxicated and being a minor in possession of intoxicating beverages was unlawful because the auxiliary sheriff's deputy who arrested him was not being supervised as required by...
QUALLS v. CITY OF CLARKSVILLE - 11/19/1986
Appellant appeals a conviction for driving while intoxicated. For reversal, he contends that the results of an intoxilyzer test should not have been admitted because he was not properly advised of his right to have additional tests...
MILLER v. STATE - 9/24/1986
Appellant appeals from a conviction for driving while intoxicated. He was fined $2500 and sentenced to three years in the Department of Correction. For reversal, he contends that the trial court erred by (1) overruling his motion for a...
JONES v. STATE - 3/24/1986
Appellant filed an Ark. R. Crim. P. Rule 37 motion to vacate his negotiated pleas of guilty to three counts of delivery of a controlled substance, one count of conspiracy to commit theft of property, and one count of driving while...
COKELEY v. STATE - 3/17/1986
This appeal raises the question of whether it is error to instruct the jury that rape can be committed by engaging in sexual intercourse or deviate sexual activity when only sexual intercourse is charged. We find no error since there...
WRIGHT v. STATE - 2/18/1986
Appellant, Carleton C. Wright, Jr., was charged with driving while intoxicated and refusing to take a breathalyzer test. He was found guilty and sentenced for driving while intoxicated, and his driver's license was suspended for...
JOHNSON v. STATE - 2/12/1986
Kenneth R. Johnson appeals his conviction of violating the Arkansas Omnibus DWI Act, Section 3(b). He was sentenced to forty-eight hours in the county jail, and ordered to pay a $350.00 fine and court costs of $306.75. In addition, his...
RIGGINS v. STATE - 2/12/1986
The appellant was convicted by jury of driving while intoxicated (DWI) and of violating Ark. Stat. Ann. 41-3151 (Repl. 1979) (carrying prohibited weapons) in the Faulkner County Circuit Court. He was sentenced to thirty days and fined...
WRIGHT v. STATE - 1/29/1986
Jimmy Wright appeals his conviction of driving while intoxicated, a felony for which he was sentenced to three years in the Department of Correction and fined $3,000. We find no error.
The appellant first contends that the trial...
ZONES v. STATE - 12/23/1985
At trial, the charges of capital murder, aggravated robbery, and kidnapping were submitted to the jury, and the jury found that the appellant had committed all three crimes. The trial court entered judgment of conviction only for...
VASQUEZ v. STATE - 12/23/1985
The appellant, Miguel Angel Vasquez, was convicted by a jury of first degree murder and sentenced to 40 years in prison. Our jurisdiction is pursuant to Sup. Ct. R. 29(1)(b).
On appeal, the appellant challenges the testimony of...
BINIORES v. STATE - 12/18/1985
In this criminal case, the appellant was charged with first degree murder. After a non-jury trial, he was convicted of the crime of manslaughter for the shooting death of Larry Moss and was sentenced to six years in the
...
ROBERTS v. STATE - 12/16/1985
This appeal is from conviction of the appellant of DWI and violation of the implied consent law. We affirm the DWI conviction as the evidence below supports the trial court's finding that the appellant was intoxicated while in physical...
MENARD v. STATE - 11/27/1985
The sole issue on appeal in this criminal case is whether the appellant was too intoxicated to form the mens rea necessary to commit the crimes of third degree escape and refusal to submit to a chemical test for intoxication. We affirm...
DACUS v. STATE - 11/27/1985
Appellant David M. Dacus was convicted of driving while intoxicated (first offense) in violation of Ark. Stat. Ann. 75-2503 (Supp. 1985). The trial court fined appellant $150.00 plus costs, sentenced him to twenty-four hours in jail,...
PERRY v. STATE - 11/25/1985
The petitioner, Joseph Perry, Jr., was convicted on March 8, 1985 of driving while intoxicated. His notice of appeal was timely filed on April 3, 1985, but a transcript was not ordered. Also on April 3, the petitioner sought permission...
NOVAK v. STATE - 11/4/1985
Tracy Kent Novak was convicted of the capital felony murder of Bobby Joe Whitson and sentenced to life without parole. Six points of error are argued on appeal. We affirm the judgment.
On the evening of April 11, 1984, Tracy...
WILSON v. STATE - 7/15/1985
The appellant was convicted in Harrisburg Municipal Court of driving while intoxicated, first offense, pursuant to Ark. Stat. Ann. 75-2501 - 75-2533 (Supp. 1983). He appealed to circuit court where the case was heard de
novo....
MITCHELL v. CITY OF NORTH LITTLE ROCK - 7/10/1985
In this non-jury criminal case, the appellant was convicted in Pulaski County Circuit court of driving while intoxicated. He was fined $250.00 plus costs, sentenced to serve 24 hours in jail, ordered to attend an alcohol abuse program,...
PETERS v. STATE - 7/8/1985
George Allen Peters was charged with violation of Ark. Stat. Ann. 75-2503 (Supp. 1983). The information alleged a felony offense of driving while intoxicated and recited that Peters had been convicted of DWI on three occasions. A jury...
HOLT v. STATE - 7/3/1985
In this criminal case, the appellant was convicted in the Harrisburg Municipal Court of driving while intoxicated and he was sentenced to pay a fine of $800.00, and serve ten days in jail. His driver's license was suspended for one...
WEATHERFORD v. STATE - 7/1/1985
Ronald Weatherford appeals from his conviction of driving while intoxicated in violation of the
Omnibus DWI Act, Act 549 of 1983. Our jurisdiction is derived from Rule 26(1)(c). He bases his appeal on five arguments.
I ...
BROYLES v. STATE - 4/29/1985
Tried without a jury, Broyles was convicted of DWI and other offenses. Aside from the punishment imposed, the court assessed costs of $302.25, which apparently included the "additional" costs of $250 mandated by Act 918 of 1989. Ark....
SIDES v. STATE - 3/25/1985
Patricia Sides was convicted in the Ft. Smith Municipal Court of violating the Omnibus DWI Act, Act 549 of 1983. On appeal to the Circuit Court she was tried before a jury and again convicted. She was fined $800 and costs and her...
WILSON v. STATE - 3/18/1985
This appeal comes before us under Rule 29(1)(c) as one in a series of cases in which we construe and interpret the Omnibus DWI Act of 1983, Ark. Stat. Ann. 75-2501 - 75-2514 (Supp. 1983). We affirm the judgment finding the appellant...
TAUSCH v. STATE - 3/18/1985
This is another in a number of cases questioning the validity of the Omnibus DWI Act. Act 549 of 1983. In this case Tausch pleaded guilty in the municipal court to a first DWI offense, but he contested the charge in the circuit court....
DOTY v. STATE - 3/18/1985
This appeal of a conviction under the new Omnibus DWI law is affirmed. All the arguments raised have been rejected in prior or contemporaneous cases.
The act is not void for vagueness. Lovell v. State, 283 Ark. 425, 678 S.W.2d...
AZBILL v. STATE - 3/4/1985
The appellant was convicted under the Omnibus DWI Act. The sole question
raised in this appeal is whether the appellant was in actual physical control of his vehicle as required by Ark. Stat. Ann. 75-2503 (Supp. 1983). We find...
STEELE v. STATE - 12/21/1984
The appellant was charged with driving while intoxicated pursuant to Act 549 of 1983. The jury found him guilty of third offense driving while intoxicated and imposed a one year sentence, $1500 fine, and suspension of his driver's...
SPICER v. CITY OF FAYETTEVILLE - 12/21/1984
Appellant was convicted under the "Omnibus DWI Act" [Ark. Stat. Ann. 75-1031.1; 75-1045; 75-2501 through 75-2514 (Supp. 1983)]. On appeal he challenges the Act and the evidence in this case. The four points argued on appeal are: (1)...
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