Key Factors Courts Consider in DUI Cases
May 13, 2025
Driving under the influence (DUI) charges in Arkansas can have serious consequences, and courts don’t take them lightly.
When someone’s charged with a DUI, several important factors come into play that can influence the outcome of the case. These factors can affect whether charges are reduced, dismissed, or lead to penalties like jail time, fines, or license suspension.
Understanding what courts look for can give you a clearer picture of how DUI cases are evaluated. James B. Bennett Law Office in El Dorado, Arkansas, can help you take a deeper look at the key elements courts often weigh in DUI cases. My results-driven strategies can give you the tools you need for a favorable outcome.
The Driver's Blood Alcohol Content (BAC)
One of the first things a court examines is the driver’s blood alcohol content (BAC) at the time of arrest. According to the Arkansas Highway Safety Office, Arkansas law sets the legal limit for most drivers at 0.08%, but the specifics can vary depending on the situation. Here’s by BAC matters:
Presumptive evidence of impairment: A BAC of 0.08% or higher is considered enough for the court to presume the driver was impaired.
Zero tolerance for underage drivers: Drivers under 21 face penalties with a BAC as low as 0.02%.
Higher BAC, harsher penalties: A BAC of 0.15% or more is often seen as aggravating and can lead to stricter sentencing.
Field sobriety and chemical test results: The court may also consider how the driver performed on field sobriety tests and the accuracy of chemical tests.
BAC levels are often the starting point of DUI cases, but they're far from the only thing a court reviews. Other circumstances can either support or weaken the impact of the BAC reading.
Circumstances of the Stop and Arrest
The events leading up to the DUI arrest are just as important as the results of any tests. Courts want to know if the police followed proper legal procedures and had a legitimate reason for the traffic stop. Here are a few factors that can impact the results of a traffic stop:
Reasonable suspicion: Officers need a valid reason to pull someone over, like swerving, speeding, or breaking traffic laws.
Probable cause for arrest: After the stop, the officer must have enough evidence to justify making an arrest.
Conduct during the stop: Courts may evaluate whether the officer treated the driver lawfully and whether the driver was cooperative or combative.
Use of dashcam or bodycam footage: Video recordings can provide context and either support or challenge the officer’s claims.
If the court finds that a driver’s rights were violated or that the stop wasn’t legal, the DUI case could be dismissed or significantly weakened.
The Driver’s Prior Record
A person’s criminal and driving history plays a major role in how their DUI case is handled. Arkansas law treats repeat offenders much differently than first-time offenders. Here are some points of prior history the court will consider:
Previous DUI convictions: A second or third DUI offense within five years brings enhanced penalties.
Other traffic violations: A pattern of reckless driving or license suspensions may hurt the driver’s case.
Criminal history: Non-driving offenses, especially violent crimes or drug offenses, may be considered during sentencing.
Length of time since last offense: If prior offenses occurred many years ago, they may carry less weight with the court.
For a first-time offender with no criminal background, courts may be more open to lighter penalties or alternative sentencing programs.
Behavior During the Arrest
How a driver acts when pulled over and during the arrest can influence how the court views the case. While staying calm and cooperative won’t erase charges, it can help when judges are deciding on sentencing. Here are some key behavior details the court will look at:
Level of cooperation: Drivers who follow instructions and act respectfully are typically viewed more favorably.
Obstruction or resistance: If the driver resisted arrest or interfered with the investigation, penalties can be more severe.
Statements made to officers: What a driver says during the stop can either help or hurt their case, especially if they admit to drinking.
Attempt to flee or evade: Trying to avoid arrest can lead to additional charges and more serious consequences.
Courts consider behavior during arrest as a reflection of the driver’s attitude and willingness to take responsibility.
Presence of Aggravating or Mitigating Factors
Each DUI case comes with its own set of details, and courts consider circumstances that either make the situation more serious (aggravating) or less serious (mitigating).
Aggravating factors include:
High BAC (above 0.15%)
Speeding or reckless driving
Causing an accident or injury
Having a child in the car
Driving without a valid license or insurance
Mitigating factors include:
Clean driving record
Willingness to complete alcohol education programs
Voluntary participation in rehab or counseling
Demonstrated remorse or acceptance of responsibility
No injuries or property damage
These details can sway the court in either direction, and they often play a role during plea negotiations or sentencing.
Field Sobriety and Chemical Tests
Field sobriety and chemical tests often become the foundation of a DUI case, and courts examine these carefully. But these tests aren’t always flawless, and their results can be challenged. Here’s what the court evaluates:
Accuracy of the test results: Chemical tests must be properly calibrated and administered to be valid.
Proper procedures: Officers need to follow protocols when conducting field sobriety and breath tests.
Refusal to test: In Arkansas, refusing a breath or blood test can lead to automatic license suspension, which may influence the court's view.
Medical or physical conditions: Some health issues or injuries can affect test results and may lead the court to question their reliability.
Even if the test shows impairment, the defense can challenge how the tests were given or whether they were legally obtained.
Statements and Testimony
What’s said during DUI cases — by the driver, the officer, and any witnesses—can weigh heavily in the court’s decision. Testimony gives the judge a fuller picture of what happened and can support or contradict the other evidence. The court will consider these types of statements:
Driver’s own statements: Anything said during or after the arrest, especially if it’s self-incriminating.
Officer’s report and testimony: Judges often place a lot of weight on the arresting officer’s version of events.
Witness statements: Bystanders, passengers, or others may offer testimony that supports one side or the other.
Expert testimony: DUI cases may include toxicologists, accident reconstruction experts, or doctors to provide professional knowledge.
Testimony can be powerful, but it can also be challenged. Inconsistencies, memory gaps, or bias may reduce its credibility.
Impact on Others and the Community
Sometimes the court looks beyond the individual driver and considers the broader effects of the DUI incident. If others were harmed or the public was put at serious risk, the case may be treated more seriously. The court may assess these broader impacts:
Injury or death: Causing harm to others in a DUI crash leads to felony charges and significant prison time.
Damage to property: Accidents involving property damage, even without injury, are viewed more harshly.
Disruption to public safety: Driving drunk in school zones, near pedestrian-heavy areas, or on busy highways can escalate the situation.
Community concerns: Courts may consider whether DUI charges reflect larger patterns of unsafe behavior in the area.
These factors reflect how seriously the law treats threats to public safety, even if the driver didn’t intend to harm anyone.
Willingness to Take Responsibility
The court often takes a more lenient stance when a driver shows a genuine desire to make things right. Taking responsibility doesn’t mean admitting guilt, but it does mean showing that you’re willing to learn from the experience. Here are a few actions that tell the court you’re taking responsibility:
Enrolling in alcohol education or DUI school
Voluntarily entering treatment programs
Paying restitution for damages
Performing community service
Writing letters of apology or showing remorse in court
These actions don’t always lead to a lighter sentence, but they can influence the court’s decision and open the door for alternatives like probation or suspended sentences.
Reach Out Today
DUI cases in Arkansas involve far more than just a breath test result. That’s why it’s so important to work with James B. Bennett Law Office, who can help with friendly service and fair treatment. I serve clients in El Dorado, Arkansas, and all of South Arkansas. Call today for a free consultation.