Arkansas DUI Accident Lawyer
Like every other state in the nation, Arkansas prohibits driving while intoxicated (DWI or DUI in many other jurisdictions). People who violate state laws relating to drunk driving not only can be prosecuted for criminal offense, but they are much more likely to cause automobile accidents.
When a person is involved in a crash caused by a drunk driver, a conviction may be used as evidence of negligence in a subsequent personal injury claim. Need an Injury Lawyer Arkansas represents clients injured by drunk drivers in Little Rock, Texarkana, Fort Smith, Conway, Fayetteville, Searcy, and many surrounding areas of the Natural State.
Arkansas Drunk Driving Laws
The crime of DWI is established under Arkansas Code § 5-65-103. The statute states that a person commits this crime when he or she operates or is in actual physical control of a motor vehicle while having an alcohol concentration of 0.08 percent.
Minors (people under 21 years of age) can face drunk driving charges for alcohol concentrations that are even lower. Under the state’s “zero tolerance” law in Arkansas Code § 5-65-303, an underage driver commits a DWI while underage offense if he or she has an alcohol concentration of 0.02 percent.
While convictions for offenders in DWI cases can be beneficial for victims in their civil actions, it is important to note that a person being acquitted or otherwise having drunk driving charges dropped does not mean that person escapes civil liability. A good example of this rule is O.J. Simpson, who was found not guilty of murdering Nicole Brown Simpson and Ron Goldman in his criminal case but was found to be civilly liable for their deaths in the civil case.
Colorado Dram Shop Laws
Drivers are not the only people who may be liable in drunk driving accident cases. Arkansas is a state that imposes dram shop liability on establishments that serve alcohol to certain patrons who then go on to cause motor vehicle crashes.
The term dram shop used to refer to bars, taverns, or other establishments which sold liquor in quantities (roughly a spoonful or one-eight of an ounce) called drams. Arkansas has two dram shop laws.
Arkansas Code § 16-126-103 establishes civil liability for alcoholic beverage retailers that knowingly sell alcoholic beverages to minors. Under Arkansas Code § 16-126-104, a retailer can also be held civilly liable for selling alcohol to a “clearly intoxicated person.”
Unlike some other states, however, Arkansas does not have a law pertaining to social hosts—individuals who serve alcohol to guests at private functions. While Arkansas Code § 3-3-219 does establish criminal liability for social hosts who provide alcohol to minors, Arkansas Code § 16-126-106 establishes immunity from civil liability for social hosts.
Arkansas DWI Accident Attorney
Did you suffer catastrophic injuries or was your loved one killed in a crash caused by a drunk driver anywhere in Arkansas? You should contact Need an Injury Lawyer Arkansas as quickly as possible.
Our firm is available 24 hours a day, seven days a week. We offer a free, no obligation consultation to have our experienced personal injury attorneys review your case and answer all of your legal questions.
Do not let concerns about money prevent you from seeking legal representation. We handle these cases on a contingency fee basis are charged absolutely nothing unless you receive a financial award.