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DWI vs. DUI in Arkansas

By Administrator

In Arkansas there are a few main differences between a DWI charge and a DUI charge. Here is the simplest way to keep them apart: If you are over 21, you cannot be guilty of a DUI. However, if you have had quite a lot of drink, you can be guilty of DWI and be UNDER 21. How does this all work do you ask? Well, first look at the two statutes: 1. DWI- (a) It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle. (b) It is unlawful and punishable as provided in this act 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) or more based upon the definition of breath, blood, and urine concentration in § 5-65-204...continue to full post

Full post as published by Arkansas Criminal Defense Blog on April 21, 2008 (boomark / email).