Bobby Digby – DUI/DWI Defense

If you or a loved one has gotten a DWI or DUI, you are probably worried about what is going to happen. Arkansas DWI laws are very tough. The first thing is, don’t believe anything anyone tells you about your case. Most people are not experience in DWI/DUI laws. Make sure you speak with an experienced DWI attorney.

If you have been charged with a 2nd or subsequent offense DWI, the fines, license suspension and jail time go up drastically.

How do I fight a DWI case?

First I challenge the prosecution’s case to determine whether you have a factual basis for winning. This includes challenging the hard evidence such as the field sobriety tests and the breath or blood test results.

I also challenge law enforcement’s actions in your DWI case. The police must have reasonable suspicion that you were drinking excessively or committed a traffic offense before they can pull you over. I demand to see the prosecution’s evidence to back up the officer’s opinion; I review all reports, witness statements and audio and video recordings.

I then give you a copy of all the evidence against you, so that you can help me fight your case. Throughout the entire process, I ensure that your rights are protected. By looking at every possible way to protect your rights and your future, we mount an aggressive defense aimed at achieving a favorable result for you.

There are many ways to defend a DWI charge that have nothing to do with your intoxication. You need an attorney that knows how to find them.

 

For a first offense DWI your punishment could be:

  • License suspension for 6 months
  • Fines and courts costs of up to $1,305.00
  • Up to 1 year in the county jail

A Few Recent Results

S.R., Little Rock District Court
Defendant was found unresponsive in her vehicle after going one way on a wrong way and was charged with DWI, Refusal to take BAC test and some traffic violations.
Result: After arguing to the Court about discovery issues, certain evidence was suppressed. After trial, the Defendant was acquitted of the DWI and Refusal.

J.L., Little Rock District Court
Defendant charged with DWI and Careless Driving as the result of an accident. Defendant’s blood tested positive for controlled substances.
Result: After several court appearance, Defendant’s entire case was dismissed for a violation of his right to speedy trial.

P.A., Pulaski County District Court
Defendant charged with DWI and Speeding. Defendant was pulled over for traveling 22 mph over the speed limit in a construction zone. Defendant’s BAC was .10.
Result: The Defendant was found not guilty of the DWI after trial.

C.H., Little Rock District Court
Defendant charged with DWI. Defendant was not coherent during the traffic stop. A blood test was taken to determine if there was any alcohol or drugs in her system. The blood test came back with an alcohol result of .17.
Result: The Defendant was found not guilty after trial. The State was unable to establish a proper chain of custody for the introduction of the blood test results.

J.W., Sherwood District Court
Defendant charged with DWI, Refusal to take BAC, Fleeing, Careless Driving, and Failure to Yield. The State alleged that the Defendant was driving left of center, fled from law enforcement, and refused to take the breath test. There was no video of the Defendant’s driving or of the stop. We obtained the video from the jail, which showed the Defendant appearing to be sober and cooperative.
Result: At the close of the State’s case and after arguments, the Court found the Defendant Not Guilty of DWI and dismissed all the remaining charges.

M.S., Alexander District Court
Defendant charged with DWI, Criminal Trespass, and Driving on a Suspended License. The State alleged that the Defendant violated a restraining order and when the police arrived, he drove off intoxicated. The officer reported that she witnessed the Defendant driving the vehicle.
Result: At the close of the State’s case and after arguments, the Court dismissed all the charges.