Where And When Will The Hearing Take Place?

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Where And When Will The Hearing Take Place?

In the office of the Revenue Division of the Department of Finance and Administration nearest the county wherein the alleged events occurred UNLESS the Driver Services and the you agree otherwise to the hearing being held in some other county, or Driver's Services may schedule the hearing or any part thereof by telephone. What can be contested at the hearing? Believe it or not, currently nothing can be contested at the hearing. They simply look to see if they have a report showing driving and intoxication. If so, that is it. But this is not what the law requires and the legality of these hearings are now being contested. Can the hearing be recorded? No WHAT THE LAW SAYS SHOULD BE CONTESTED AT HEARING: §565104 (8)(a) says: The scope of the hearing shall cover the issues of whether: The officer had reasonable grounds to believe the person had been operating or was in actual physical control while intoxicated or 0.08. OR refused a chemical test. If the accusation is based upon a chemical test result and a sworn report the hearing shall also cover the issues as to whether: (Act 561 p44) The person was advised that his privilege to drive would be revoked, suspended, or denied if the test result reflected an alcohol concentration of 0.08 or more The breath, blood, or urine specimen was obtained from the person within four hours. The testing procedures used were in accordance with existing rules; and The test result in fact reflects an alcohol concentration, other intoxicating substances, or a combination thereof. If the suspension is based on a refusal, then the scope of the hearing shall also include whether: The person refused to submit to the test or tests The person was informed that his privilege to drive would be revoked, suspended, or denied if he refused.

Other Arkansas Drunk Driving Defense FAQs

Q: What Is A Dwi (Driving While Intoxicated)?
A: You may be charged with a DWI if you have a blood alcohol content of .10 or greater.
Q: What Is A Dui (Driving Under The Influence)?
A: You may be charged with a DUI if you are under 21 and have a blood alcohol content of at .02 and less than .10. If you are under 21 and your blood alcohol is .10 or … More
Q: What Are The Penalties For A First Offense Dui?
A: One day to one year in jail and a fine of $150 up to $1000 fine plus court costs of $300.00. The court may order public service in lieu of jail, but the court shall … More
Q: What Are The Penalties For A Second Offense Dui?
A: Seven days to one year in jail OR no less than 30 days community service and a fine of no less than $400 nor more than $3000.00 and court costs of $300.00.
Q: What Are The Penalties For A Third Offense Dui?
A: 90 days to one year in jail OR no fewer than 90 days of community service and a fine of not less than $900.00 and no more than five thousand dollars..
Q: What Are The Penalties For A Fourth Offense Dui?
A: This is a felony. One year to 6 years in the state penitentiary OR not less than one year of community service. $900 to $5000.00 fine.
Q: What Are The Penalties For A Fifth Offense Dui?
A: Two years to ten years for the fifth or subsequent offense in the state penitentiary OR not less than two years of community service. $900 to $5000.00 fine. This is … More
Q: Can The Court Impose An Ignition Interlock Device?
A: Only if you can afford it (Surely this is unique to American law and facially unconstitutional). Then you can drive only cars with interlock devices for up to one year … More
Q: What Are The Penalties For A Driving On Suspended License?
A: Penalty: Shall be imprisoned for ten days and may be assessed a fine of not more than one thousand dollars. ($1000.00). Also license plate SHALL be impounded if the … More
Q: Can I Refuse To Take A Test?
A: If you refused to take a breath, blood or urine test after being arrested for DUI/DWI in Arkansas, or if the results of your test were .08% bloodalcohol or above, … More