Arkansas DWI Defense and Office of Driver Services Administrative Hearing Package

ARKANSAS DWI DEFENSE AND OFFICE OF DRIVER SERVICES ADMINISTRATIVE HEARING PACKAGE

CRITICAL DEADLINE NOTICE

The receipt issued at arrest under Ark. Code Ann. § 5-65-104 functions as the driver's license for up to THIRTY (30) DAYS and contains notice that an administrative hearing must be requested within SEVEN (7) CALENDAR DAYS of issuance. Missing the 7-day window forecloses contest of the administrative suspension. The criminal case has separate deadlines.

PART 1 — CASE INTAKE AND TIMELINE

Client Information

Arrest Information

Chemical Test

Prior Record (5-Year Lookback for Misdemeanors; 10 Years for Felony DWI)

☐ No priors — 1st offense (misdemeanor)
☐ One prior within 5 yrs — 2nd offense (misdemeanor)
☐ Two priors within 5 yrs — 3rd offense (misdemeanor)
☐ Three priors within 5 yrs — 4th in 5-yr period (felony)
☐ Felony DWI — 4th offense in 10 years per § 5-65-303(e)

PART 2 — ARKANSAS DWI STATUTORY SUMMARY

§ 5-65-103 — Elements

A person is guilty of DWI if the person:

• (a) Is intoxicated and operates or is in actual physical control of a motor vehicle; OR
• (b) Operates or is in actual physical control of a motor vehicle with an alcohol concentration of 0.08 or more (0.04 for CDL; 0.02 underage DUI).

Penalty Tiers (§ 5-65-111)

Passenger Under 16: Enhanced penalties apply if a passenger under 16 was in the vehicle.

Refusal Penalties (§ 5-65-205)

Ignition Interlock Restricted License (§ 5-65-118)

• Required for all DWI convictions; IID calibration between 0.02% and 0.05%.
• Available immediately on 1st and 2nd offenses (provided no refusal).
• 3rd offense — no IID first 45 days.
• 4th/felony — no restricted license.

PART 3 — IMPLIED CONSENT SUMMARY (§§ 5-65-202, 5-65-204, 5-65-205)

Under Ark. Code Ann. § 5-65-202, any person who operates a motor vehicle in Arkansas is deemed to have given consent to a chemical test of blood, breath, or urine to determine alcohol or controlled-substance content when arrested for an offense allegedly committed while DWI.

Officer's Choice of Test

• The arresting agency designates the test type (breath / blood / urine), except blood requires consent or a warrant.
• Urine tests may only be used when others are unavailable.
• The driver has the right to an additional test at their own expense (§ 5-65-204(e)). Officer must advise of this right in writing and assist in obtaining it; if defendant is acquitted, law enforcement reimburses the cost.

Refusal Consequences (§ 5-65-205)

A refusal is admissible at trial as consciousness of guilt (Spicer v. State, 32 Ark. App. 209 (1990)) and triggers automatic license suspension.

Defense Audit

• Was the implied-consent advisory given correctly and in writing?
• Was the test type appropriate?
• Was the driver advised of and afforded the right to an additional independent test?
• Was the breath-test machine certified by the State Crime Laboratory? Operator certified?
• For blood draws, was a warrant obtained or was a recognized exception present?

PART 4 — REQUEST FOR ADMINISTRATIVE HEARING (§ 5-65-104)

To: Office of Driver Services
Administrative Hearings Section
Department of Finance and Administration
Ragland Building, 1900 W. 7th St., Room 1010
Little Rock, AR 72201
Phone: (501) 682-7059

Re: Request for Administrative Hearing — License Suspension
Driver: [________________________________]
DL No.: [________________________________]
Date of Arrest / Receipt: [__/__/____]
Receipt / Notice No.: [________________________________]

Pursuant to Ark. Code Ann. § 5-65-104 and the rules of the Office of Driver Services, the above-named licensee, by and through undersigned counsel, REQUESTS AN ADMINISTRATIVE HEARING to contest the impending suspension of driving privileges arising from a ☐ test failure under § 5-65-103 ☐ test refusal under § 5-65-205.

Issues to be Contested

☐ Whether the officer had reasonable grounds to believe the licensee was operating or in actual physical control of a motor vehicle while intoxicated or with a BAC ≥ 0.08;
☐ Whether the arrest was lawful;
☐ Whether the licensee was advised of the implied-consent rights;
☐ Whether the licensee refused testing;
☐ Whether the test was administered and the results indicated an alcohol concentration ≥ 0.08;
☐ Whether the testing instrument was certified by the State Crime Laboratory;
☐ Whether the breath-test operator was certified;
☐ Whether the test was administered in accordance with State Crime Laboratory protocols;
☐ Whether the licensee was advised in writing of the right to an additional independent test.

Hearing Format Requested

☐ In-person ☐ Telephonic
☐ Subpoenas: arresting officer, breath-test operator, certifying officer, custodian of records

Temporary Driving Privileges

Counsel notes that the 30-day receipt issued at arrest provides driving privileges through [__/__/____]. If the Office of Driver Services cannot conduct the hearing within 20 days, counsel requests a temporary permit valid through the hearing date pursuant to § 5-65-104(a)(2).

Submitted: [__/__/____]
Attorney: [________________________________]
Arkansas Bar No.: [________________________________]
Address / Phone / Email: [________________________________]

PART 5 — DEMAND FOR DISCOVERY (CRIMINAL CASE)

IN THE [DISTRICT / CIRCUIT] COURT OF [______________] COUNTY, ARKANSAS

Case No.: [________________________________]
DEFENDANT'S MOTION FOR DISCOVERY

Pursuant to Ark. R. Crim. P. 17.1, 17.2, and 19.4, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Fifth, Sixth, and Fourteenth Amendments, Defendant moves the Court for an order requiring the State to disclose:

A. Stop, Detention, and Arrest

1. Dash-cam, body-worn camera, and station-house video from all officers;
2. CAD logs, dispatch recordings, and 911 calls;
3. Arrest report, supplemental reports, field notes;
4. Officer training records (SFST, ARIDE, DRE).

B. Standardized Field Sobriety Tests

5. SFST scoring sheets, conditions of administration;
6. Officer's NHTSA SFST certification records.

C. Chemical Testing

7. Breath instrument identification, location, calibration history, and State Crime Laboratory certification;
8. Breath operator's certification;
9. Subject test record;
10. For blood/urine: chain of custody, kit lot number, preservative records, analyst credentials, laboratory SOPs, raw data, calibration logs, proficiency-test results.

D. Implied Consent

11. Written implied-consent advisory;
12. Documentation of advisement of right to independent test (§ 5-65-204(e));
13. Any blood-draw warrant and supporting affidavit;
14. Video/audio of consent advisory and testing.

E. Brady / Giglio

15. All exculpatory evidence;
16. All impeachment material on State witnesses (pending discipline, prior false statements, Brady-list status).

Date: [__/__/____]
/s/ [Attorney Name], Arkansas Bar No. [______]

PART 6 — MOTION TO SUPPRESS

IN THE [DISTRICT / CIRCUIT] COURT OF [______________] COUNTY, ARKANSAS

Case No.: [________________________________]
MOTION TO SUPPRESS EVIDENCE

COMES NOW Defendant, by and through undersigned counsel, pursuant to Ark. R. Crim. P. 16.2, the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, and Article 2, §§ 8 and 15 of the Arkansas Constitution, and moves to suppress all evidence obtained from the stop, detention, arrest, and chemical testing of Defendant on [__/__/____], stating:

I. Lack of Reasonable Suspicion

1. The asserted basis for the stop, [________________], does not constitute reasonable, articulable suspicion of criminal activity or traffic violation. Sims v. State, 356 Ark. 507 (2004); Stewart v. State, 332 Ark. 138 (1998).

II. Lack of Probable Cause to Arrest

2. The totality of the circumstances does not establish probable cause to believe Defendant violated § 5-65-103.
3. SFSTs were administered out of NHTSA compliance and are unreliable.

III. Implied Consent Violations

4. Defendant was not advised in writing of the right to an independent test, in violation of § 5-65-204(e). See State v. Brown, 356 Ark. 460 (2004).
5. Implied-consent advisory was incomplete or coercive.

IV. Blood-Draw / Warrant Violations

6. Blood was withdrawn without a warrant and without a recognized exception, in violation of Missouri v. McNeely, 569 U.S. 141 (2013), and Birchfield v. North Dakota, 579 U.S. 438 (2016).

V. Breath-Test Foundation Defects

7. The breath instrument was not certified by the State Crime Laboratory under § 5-65-204;
8. The operator was not properly certified;
9. The 20-minute observation period was not satisfied.

VI. Miranda

10. Custodial statements were obtained without Miranda warnings.

WHEREFORE, Defendant requests this Court suppress all evidence flowing from the stop, arrest, and testing.

Hearing Requested.

Date: [__/__/____]
/s/ [Attorney Name], Arkansas Bar No. [______]

PART 7 — APPLICATION FOR IGNITION INTERLOCK RESTRICTED LICENSE / RESTRICTED DRIVING PERMIT (§§ 5-65-104(c), 5-65-118)

To: Office of Driver Services, Department of Finance and Administration

Re: Application for Ignition Interlock Restricted License (IIRL) / Restricted Driving Permit
Applicant: [________________________________]
DL No.: [________________________________]
Date of Suspension: [__/__/____]

Applicant, pursuant to Ark. Code Ann. §§ 5-65-104(c) and 5-65-118, requests:

☐ Ignition Interlock Restricted License (alcohol-related DWI)
☐ Restricted Driving Permit (controlled-substance DWI, no refusal)
☐ Work permit (with IIRL)

Authorized travel to/from:
☐ Employment / in the course of employment
☐ Court-ordered treatment / education
☐ Medical appointments
☐ School
☐ Religious services

Required Showings

Hardship Statement

[________________________________________________________________________
________________________________________________________________________]

Applicant Signature: _________________________ Date: [__/__/____]

PART 8 — PLEA NEGOTIATION WORKSHEET

A. Charge Analysis

B. State's Initial Offer

NOTE: Under Ark. Code Ann. § 5-65-107, the Arkansas DWI statute provides that DWI charges generally shall not be reduced to a lesser charge. Reduction is rarely permitted absent legal challenge or proof problems.

C. Defense Counter / Mitigation

D. Felony 4th-in-10 Analysis (§ 5-65-303(e))

☐ Total DWI convictions in lifetime: [______]
☐ Number within 10-year lookback: [______]
☐ Felony exposure (Class B, 1–6 years): ☐ Yes ☐ No

E. Collateral Consequences

F. Client Acknowledgment

I have reviewed this analysis with my attorney.

☐ Accept ☐ Counter at: [______] ☐ Reject and proceed

Client: _________________ Date: [__/__/____]
Attorney: _______________ Date: [__/__/____]

SOURCES AND REFERENCES

• Ark. Code Ann. Title 5, Chapter 65 (Driving While Intoxicated)
• Ark. R. Crim. P. 16, 17
• Office of Driver Services Hearings — https://www.dfa.arkansas.gov/
• Arkansas State Crime Laboratory Standards for Breath Testing
• Sims v. State, 356 Ark. 507 (2004)
• State v. Brown, 356 Ark. 460 (2004)
• Spicer v. State, 32 Ark. App. 209, 799 S.W.2d 562 (1990)
• Missouri v. McNeely, 569 U.S. 141 (2013)
• Birchfield v. North Dakota, 579 U.S. 438 (2016)
• NHTSA DWI Detection & SFST Manual

DISCLAIMER: This template is a starting framework, not legal advice. Verify current Arkansas law before filing. Counsel must tailor every filing to the specific facts.