Intoxication

Under Arkansas DWI law, intoxication means that alcohol, a controlled substance, another intoxicant, or a combination of substances has substantially altered a driver’s reactions, motor skills, and judgment. The alteration must be serious enough that the driver presents a clear and substantial danger of physical injury or death to the driver or another person.  

Statute Reference: Ark. Code Ann. § 5-65-102(4) 

What Substances Can Cause Legal Intoxication? 

Arkansas’s definition is not limited to alcohol. Intoxication may result from: 

• Alcohol 

• Illegal drugs 

• Marijuana 

• Prescription medication 

• Over-the-counter medication 

• Another intoxicating substance 

• A combination of alcohol and other substances 

A person may therefore face a DWI charge even when the substance was legally prescribed or obtained.  

How Is Intoxication Proven in Arkansas DWI Cases? 

The prosecution does not necessarily need a breath or blood test to prove intoxication. Arkansas law allows the introduction of other relevant evidence showing whether a defendant was intoxicated (Ark. Code Ann. § 5-65-206(b)). In Arkansas DWI case law, such evidence has included:  

• Erratic or unsafe driving 

• Slurred speech 

• Poor balance or coordination 

• Difficulty understanding instructions 

• Field sobriety test performance 

• Statements about alcohol or drug use 

• Officer and witness observations 

• Body-camera or dash-camera footage 

• Breath, blood, or urine test results 

For example, in Chasity Rogers v. State, the Arkansas Court of Appeals found sufficient evidence of intoxication based on drug-test results, the defendant’s admissions, and observable signs of impairment. Those signs included being difficult to awaken, slurred speech, confusion, swaying, and difficulty following instructions. Chasity Rogers v. State, 2024 Ark. App. 340  

Fact checked by Ludwig Law Firm Editorial Team 

However, the mere presence of a substance in someone’s body may not always prove intoxication. In Robinson v. State, the court found the evidence insufficient when a drug test showed the presence of drugs but did not establish when they were taken or whether they impaired the defendant at the time of the accident. Witnesses also did not observe signs of intoxication. Robinson v. State, 98 Ark. App. 237, 254 S.W.3d 750 (2007) 

Fact checked by Ludwig Law Firm Editorial Team 

Intoxication is therefore a condition of substantial impairment—not simply proof that a person consumed alcohol or had a drug in their system. A person who operates or is in actual physical control of a vehicle while intoxicated may be convicted of DWI under Ark. Code Ann. § 5-65-103(a)(1). 

Defenses For Alleged Intoxication

A DWI defense attorney can challenge the officer’s observations, field sobriety and chemical testing accuracy, and video evidence. They can also point out the effect of fatigue, anxiety, or other medical reasons for apparent “intoxication.” 

If you need a DWI attorney in Little Rock or Central Arkansas, trust Ludwig Law Firm. We Simply Win DWI defense. 

Ludwig Law Firm 
Phone: 501-868-7500 
Website: ludwiglawfirm.com 
Serving clients throughout Central Arkansas. 

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.