Over 98% of our firm’s caseload is comprised of alcohol and drug-related offenses. It is what we do!  Call one of our attorneys today to see if we can help you.

We encourage people to examine all avenues prior to making a decision on which firm to hire. Speak with your family attorney and speak with an attorney at our firm. If you believe that the family attorney can provide a valuable service at a reasonable price, then you should consider hiring them.  However, if you believe that you need an attorney who has more knowledge and experience specific to the practice of DWI cases, and if you believe we can provide the help you need, then you must decide what it is worth to you. Many people only consider the fine amount when trying to decide if they should hire an attorney. Our fee is based on the work we do; not on the potential fine amount you would have to pay. These are complicated cases with multiple issues to investigate and research. When deciding if you need an attorney and how much you are willing to pay that attorney, consider not just the potential fines you may be required to pay, but also the social stigma, potential increase in insurance, potential loss of income or promotion at your place of employment, loss of your license, jail time, and consequences of enhancement if caught in this situation again.

Deciding to fight a DWI is a personal decision and should not be made lightly. In some cases, there are no plausible defenses; but many times there are. Our lawyers have won a great number of DWI cases.  Although we guarantee no results for a particular case, we can make one guarantee:  If you hastily plead guilty without having a qualified person examine your case, you will in fact be found guilty and suffer all the consequences of doing so. If you hire an attorney who is experienced in DWI trial work, you at least have a fighting chance.  We have been told by a number of clients that other attorneys have told them there is no way to win a DWI case. This is all too often the opinion of attorneys who are not familiar with the intricacies of DWI practice.   Many people believe that if a machine says you had a BAC of .08 or greater, then you will automatically be found guilty of DWI. This is simply not the case. The machines are not infallible, but it requires an attorney who is educated and trained on the specific functions of the testing machines and knows the science behind the numbers to show the judge and/or jury that the number does not necessarily tell the whole story.  

See our Success Stories Section to read the facts of real cases where our clients were found Not Guilty.  Contact an attorney at COLLINS, COLLINS & RAY to discuss the specifics of your case and then decide if you want a fighting chance.

No, because at this stage of the case, it is almost always too early to make the decision to plead guilty.  It would be extremely unusual for the State to have the case paperwork available for review prior to the plea and arraignment date. As a result, you must plead not guilty in order to see the evidence to determine if the State can actually prove their case. Many DWI’s are won based on an improper procedure, an invalid test, or a faulty machine. It would be impossible to know if the facts of your case fall into that category if you do not wait until your attorney sees the paperwork on your case. Judges realize and expect an attorney to plead their client not guilty until the attorney has had the opportunity to examine all of the evidence and reports to determine if the client has a defense.

That is a trick question. Technically, you can proceed with your DWI case without an attorney.  The Courts will allow you to do so, but you must sign a form waiving your right to an attorney. If you waive your right to an attorney you are giving up your chance to have the law and the consequences explained to you. Neither the Judge nor the prosecutor is allowed to give you legal advice.  Many people do not realize the severe punishment they could receive for a DWI conviction.  More importantly, they are not aware of the rights they have and the burden that must be met by the State to prosecute a DWI. Also, if you hire an attorney at our firm we can most likely save you the time and embarrassment of having to go to the plea and arraignment. Frequently, we are able to enter our appearance on behalf of the client, plead the client not guilty, and request a trial date without the client missing work to attend.

Your plea and arraignment is the court date, usually written on the ticket you receive from the police, that is your first appearance for your DWI case.  On this date, one of two things can happen.  Either you plead not guilty and a trial date is set, or you plead guilty.  No evidence will be presented and you will not be allowed to tell your story. Those things will happen on your trial date.  If you do not have an attorney present, you will likely be asked to sign a waiver of counsel. Make sure you read the waiver very carefully. DWI and DUI have severe consequences and you need to know what rights you are giving up.  

In 1983 NHTSA validated the battery of tests in the field rather than a laboratory setting and determined a need for a standard scoring process.  In conducting these “studies”, the NHTSA came up with standardized ways of conducting the tests and standardized clues for scoring the results.  It is important to note that none of these studies have been peer-reviewed as is typical in the scientific community.

Absolutely not. There are many things that can cause someone to fail the field sobriety tests. The NHTSA has listed several circumstances under which a person should not even be given the tests because the tests are not valid indicators of intoxication if certain circumstances exist.  For example, extremely overweight persons should not be given the walk and turn or the one-leg stand.  Nor should people over the age of 65.  Often, a police officer will report that a person has failed the field tests, when, in fact, the officer did not follow the standardized testing procedures or the standardized scoring of the tests. When our attorneys cross-examine police officers regarding these tests, we are able to show a judge or jury that our client’s alleged “failure” of the tests were actually the result of the officers’ mistakes and not the result of intoxication. Additionally, courts across the country have recognized many legitimate reasons people may not be able to perform the tests, reasons that have nothing at all to do with whether a person is sober or intoxicated. Call to discuss your specific test results with one of our Arkansas DWI attorneys.

First, you must understand that these are “standardized tests.” They are not valid unless properly performed in a standardized method. If performed properly, the tests have the following accuracy rates:

• Walk and Turn = 68% accurate
• HGN = 77% accurate
• One leg stand = 65% accurate
• NHTSA suggests that a walk & turn HGN matrix could yield 80% accuracy when used together.

The problem is that the SFST are rarely performed in a standardized manner. Officers have modified the tests and don’t do them in the exact manner validated by NHTSA. Intimate knowledge of the field tests is essential to a proper defense.  An attorney defending DWI cases must know these tests inside and out and be very knowledgeable regarding the way they are conducted, their accuracy rates, the studies used to validate them, the ways that officers do them incorrectly and the legitimate reasons why a person may not be able to perform the tests. Call one of our Arkansas DWI attorneys to discuss the tests you were given.  

In 1975 NHTSA sponsored a series of studies to determine a battery of tests that would provide officers with standardized and reliable evidence of impairment.

Six tests were given to 238 volunteers by 10 different law enforcement officers:

• One leg stand
• Walk and turn
• Finger to nose
• Tracing (paper and pencil test)
• Finger count
• Nystagmus

The research indicated that only the following three tests were reliable if administered in a standardized fashion:

• One leg stand
• Walk & turn
• HGN

The remaining tests were found to be too unreliable to qualify as approved tests.

NHTSA has advised that any test which helps the officer determine intoxication may be used; however, courts have ruled that these tests have no scientific reliability.

The most common sobriety field tests performed by police are:  Horizontal Gaze Nystagmus (HGN), one-leg stand, and the walk and turn. These are the only three tests that have been certified by the National Highway Traffic Safety Administration (NHTSA). Officers sometimes use various other tests to help them determine impairment, but those tests have no scientific basis and can often be excluded from the case. Officers will also frequently give a field breath test which is used for probable cause to arrest for DWI or DUI but the results of this preliminary breath test (PBT) can not be used as evidence in Court.  Also, most times the officer will violate his/her own training and perform the PBT too soon rendering the results invalid.  

No. But many times an attorney can help you through the system to make sure all requirements are met. Contact one of our Arkansas DWI & DUI attorneys and we can discuss your options.

Yes. You only have seven days to send in your request for a hearing form (the pink sheet). Failure to do so could result in your inability to get an interlock order. It can also result in the loss of your right to file an administrative appeal. An attorney at our firm can help with this process.

If you were in a private vehicle (non-commercial) when you got your DWI, you may be able to get an interlock device on your private vehicle, but it will not allow you to drive a commercial vehicle. If you have a commercial license and you wish to continue driving for work, you need to get legal representation as soon as possible. Many truck drivers find they can no longer make a living without their CDL. In some circumstances we can postpone the suspension of the CDL until after your court date.  Then, if you are found not guilty at trial, you will be able to avoid the license suspension altogether.  However, the time frame to do such a postponement is limited. Therefore, it is critical that you contact a DWI attorney as soon as possible so that you will not miss the opportunity to continue working.  Call our DWI law firm to get more information.

No. The Courts have ruled that giving a sample for chemical analysis is not testimonial in nature and therefore does not require attorney representation. This can be very confusing when an officer reads you the Miranda rights informing you of your right to an attorney, but says you may not speak to an attorney before deciding whether to give the breath, urine or blood sample. The Miranda rights only apply to incriminating statements. The controlling law concerning alcohol testing is commonly referred to as the “implied consent law.” In Arkansas, the criminal code states that if you operate a motor vehicle it is implied that you have given consent to take a sample of your blood, breath, or urine to be tested for alcohol or drugs. In order for the implied consent law to apply to you, the police must show that they had reasonable cause to believe you were in actual physical control or operating a motor vehicle while impaired by alcohol, a controlled substance, or a combination of the two. Call one of our DWI and DUI attorneys to discuss your particular case.

Yes, Refusal to take a chemical test under Act 106 results in additional penalties explained in the Arkansas Criminal Code at 5-65-310 and 5-65-205 and they are too complicated to be explained in the limited space available here. Contact our DUI attorneys. Basically, it is a stair-stepping offense which can negatively impact your driving privilege.  

No, the mere presence of drugs in your system does not mean you are guilty of DWI drugs; the State still must prove that you were impaired by the drugs. Many people today have drugs in their system and function normally. The presence of drugs and the inability to do as well as the officer expects on field tests does not mean you are impaired by the drugs. However, many people are charged under these circumstances. Sometimes the police will do what is called a DRE (Drug Recognition Expert) exam. It is a process in which the officer looks at your pupil size, takes your blood pressure, checks your temperature, etc.  Based on these observations, the officer will give his opinion about the kind of drug he believes you have taken and by which you are impaired. These exams are not required under the law and, unlike the BAC test, there is no penalty for refusing to take them. Many people still do not understand the complexity of these exams or the problems that can occur during the evaluation. Please call one of our DWI attorneys.  We have been trained in the DRE process and will be able to fully explain the 12-step evaluation used by police to charge someone with DWI-Drugs.

The officer may be able to get a warrant to obtain a blood sample for blood alcohol concentration testing; if no blood is taken, though, the officer will have no evidence of what your BAC was at the time. However, if you do not take the offered BAC test, you will most likely also be charged with Refusal to Submit. Refusal is an additional charge and carries some stiff penalties in addition to those for DWI.  Also, a lack of a BAC level will not prohibit the prosecution from proving that you are guilty of DWI.  They will use evidence from the police officer to prove intoxication.  Additionally, the fact that someone refuses to blow can be used as evidence of consciousness of guilt.  In other words, the prosecution will tell the judge that the reason you did not blow is that you knew you were over the limit.  

An interlock device is a machine hooked to your vehicle’s ignition that prevents your car from starting if there is a detectable amount of alcohol on your breath. You must first blow into the device to start the vehicle and, then, at randomly announced times, you must blow into the device again to keep the vehicle operating.  There are several local companies that install the devices and the price for installation and monthly maintenance vary.  A list of the various companies will be given to you by Driver Control when you get your interlock order.

Yes and No. In the past, work permits were often provided to those charged with DWI and allowed driving only during proscribed hours and only for certain activities such as work, school and DWI education classes.  Current law allows for work permits only in cases of DWI-Drugs and for DUI cases for those under 21 years old.  For those charged with DWI, driving is only allowed after an interlock device has been installed in the person’s vehicle.  But, unlike work permits, once the interlock has been installed, there are no restrictions on driving for a first-offense DWI. There are different requirements for people who drive company cars.  Contact one of our DWI attorneys to see how these restrictions may apply to you.

Yes and No. State law prohibits the reduction of a DWI to a lesser charge. You must go to trial or plead guilty. Federal law does not have the same prohibition, and in some instances you may be able to plea to a reduced charge. However, almost all of the DWIs in Arkansas are charged under state law, and, as stated above, DWIs are one of the only crimes in which the prosecutors are not allowed to negotiate or reduce the DWI to a lesser charge.  This is why it is so important that you hire a lawyer experienced in taking DWIs to trial.

A vehicle is defined as every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wire but not operated upon rails. This would include four-wheelers, cars, trucks, electric wheelchairs, golf carts, etc…

The law does not require the operation of a vehicle on a public roadway. Many people have gotten DWIs on private property. This does, however, raise the issue of whether the police had the authority under Rule 3.1 (probable cause to make a seizure) or 2.2 (approaching for the purposes of investigation while not in custody) to actually make contact with you. Call our office and speak with a DWI attorney to determine if your specific facts allow for such a defense.

Ironically, the act of “driving” does not have to be proved by the State in order to convict someone under the driving while intoxicated statute. The law states you must not “operate” or “be in actual physical control of a motor vehicle” if you are intoxicated or have a BAC of .08 or greater. The Courts have interpreted that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove actual physical control by asking if you have been driving or by other circumstantial evidence. The law has become very muddled regarding this element of the crime. If you have a specific question, you should contact our office and one of our DWI lawyers can determine if this defense applies to your case.  We have successfully defended people charged with DWI by showing that the State could not prove that the client was in actual physical control of the vehicle.

No, but it does matter what the drug is. Many prescribed drugs are not scheduled I-VI drugs and therefore, do not fall under the DWI statute. A “Controlled Substance” is a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act. This statute includes both legal and illegal drugs. There is currently a debate as to whether a non-controlled substance is classified as an intoxicant. Many police officers are arresting people for DWI when the person has taken medication that is not a controlled substance. We have had mixed results in Courts throughout Arkansas. Our attorneys have justifiably argued (with some success) that the statute is too vague as to the definition of “intoxicant”. The Courts that have disagreed did so by focusing on the client’s level of impairment. Use caution and call one of our Arkansas DWI attorneys for more information.

Yes, as stated above, the DWI statute defines intoxication as being influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof.

Aside from the embarrassment, increased insurance premiums, and possible interference with employment and professional licensure, in Arkansas Courts you can look forward to:

1st Offense

• Jail:  Minimum-24 hours; Maximum-1 year
• Fines:  Minimum-$150; Maximum- $1,000
• Court Costs:  $300
• Classes:  Alcohol education class and MADD Victim Impact Panel
• Driver’s License:  DL suspension for 6 months. You will be eligible for an interlock device.  (If it is a DWI-Drugs, then you will be eligible for a work permit.)

2nd Offense

• Jail:  Minimum-7 days; Maximum-1 year
• Fines:  Minimum-$400; Maximum-$3,000
• Court Costs:  $300
• Classes:  Alcohol Education Course and MADD Victim Impact Panel
• Driver’s License:  DL suspension for 2 years; eligible for an interlock device.

3rd Offense

• Jail:  Minimum-90 days; Maximum-1 year
• Fines:  Minimum-$900; Maximum-$5,000
• Court Costs:  $300
• Classes:  Alcohol Education Course and MADD Victim Impact Panel
• Driver’s License: DL suspension for 30 months; eligible for an interlock device.

4th Offense – Felony

• Jail:  Minimum-1 year; Maximum-6 years in prison
• Fines:  up to $10,000 fine
• Court Costs: $300
• Driver’s License:  Revocation of DL for 4 years
• Classes:  Alcohol Education Course and MADD Victim Impact Panel

Enhancements:  There are certain factors that may result in enhanced penalties.  They are fact specific and depend on the unique circumstances of different kinds of cases. Call one of our DWI attorneys to discuss the facts of your case.

Our lawyers frequently use experts on our cases.  For standardized field sobriety tests we use Tony Corrotto or Lance Platt.  For breath testing, we use Dr. Roger Hawk.  The experts vary in expense on a case-by-case basis.

“Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.

DWI is a two-part law. This means that you can be convicted under either one of the following two sections of the law:

1. It is unlawful for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

2. It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight hundredths (0.08).

This means that the prosecutor only has to prove one of these facts:  you were either intoxicated or you had a BAC of .08 or higher.  This is how they are able to prove a DWI without a breath alcohol test and even if the BAC is lower than .08.