Bradley Joseph Williams's Answers

What happens after first offense dui and 3rd offense minor in possession?

I am an Arkansas DWI lawyer. Your son may be able to receive a restricted permit to drive while he awaits trial. The suspension period for a DUI (1st Offense) is 90 days. For the MIP (3rd Offense), the suspension period is 1 year. A DUI conviction (IF he is convicted) is for life...not able to be expunged off his record under Arkansas law. Therefore, it is highly advisable that you immediately send him to a qualified DWI lawyer for an evaluation of his case.

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I refused a blood test for mental reasons aversion and panic to needles ..i begged for a breathalyzer and urine test he refused

I am an Arkansas lawyer. It may end up being beneficial to you that the state did not obtain a blood sample from you. The only negative is that you were probably also charged with a "Refusal"; however, in Arkansas, this is a simple license suspension that you are going to be serving out anyway because of the underlying DWI charge. If you were not intoxicated (by alcohol, drugs, etc.), then you should look and sound okay if there is a dashcam video in your case. You need to hire an...

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Four boys were stopped in a truck. My son, who was in the PASSENGER SEAT, not driving, got issued a DUI

You will need to take a look at the dash camera to determine what was recorded. If there is no way to refute the cop's allegations with just the video, then your attorney will likely have to impeach the cop the old fashioned way (i.e. pointing out that the cop didn't actually see them switch seats, testimony from the others in the car, etc.). Your son needs to talk with his attorney and address his concerns to him/her. But to answer your question, cops can do whatever they want unless and...

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Can i get out of jail time driving on a suspended?

It depends on whether your Driving on a Suspended is what we call "administrative" or "for DWI." If it occurred during the period that your license was suspended for a DWI (i.e. for a 1st offense DWI, it is a 6 month period), then that is the "for DWI" variety, and that will carry a 10 day mandatory jail sentence. It is technically possible for a judge to not give you jail, but it is very rare. You need to contact a DWI attorney as soon as possible so that the facts of your case can be...

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I was told that it is required to have a 15-20 minute wait before breath test is given. Is this true in Arkansas?

In Arkansas, regulations require the officer to observe you for 20 uninterrupted minutes prior to taking the evidentiary breathalyzer test. If this is not done, then there are grounds to ask for the exclusion of the breath test result.

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Drivers License Suspension

I am an Arkansas attorney. It appears that Driver Control is still giving people outdated "pink sheets." Even though your DWI is a 2nd offense, it is likely that you will be issued an interlock license after 45 days of suspension. You will have to have your interlock license for 2 years, but you CAN drive pursuant to that license. However, if you win your DWI, then your license suspension will end and you should be able to get your full, non-interlock license back (assuming you had the...

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How many motion to continues can you get?

There is no quantity limit on the number of motions you can file. Technically, there is no limit on the number of times that a judge can grant a motion for continuance. In practice, however, a judge will usually not grant more than 2 or 3 of them. But, it just depends on the judge and the reason for the continuance.

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Can A DWI Affect my Law school application ? I only have one.

That would depend on whether or not your law school application asks about past criminal convictions, including DWIs. Also, it would depend on whether they did a background check. That is probably a question to direct to the applicable law school. The other thing to keep in mind is that you have not been convicted yet. And hopefully you will not be. DWIs are almost always able to be defended. Talk to a properly qualified Arkansas DWI lawyer if you want to know how your case might be...

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Self employeed got dwi arkansas must drive established successful business no traffic violations

If you want to keep your license from being suspended or restricted once your 30 days of your temporary license are over, then you need to contest the suspension with Driver Control at your initial hearing. After they suspend you (which is an almost certainty), then you (with the help of a lawyer) can petition the circuit court to stay the suspension of your license. Letters from friends and state troopers are irrelevant and will (and should) do you no good at your Driver Control hearing or...

When will we hear about possible dui?

Sometimes it can take several months before the lab results come back from the crime lab. Your son needs to consult with a DWI lawyer as soon as possible so that he will be prepared in the event that he is arrested. It is imperative that your son not provide any further information or evidence to the government without the presence of his lawyer.