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Arkansas' zero tolerance law

Police are aware that many hosts serve alcohol when they have friends and loved ones over for the Fourth of July, and, for that reason, they often look for drivers who may be drunk. Police are often out in force on the holiday, and many people are arrested on suspicion of drunk driving on the holiday every year.

Drivers who are suspected of drunk driving may be subjected to blood alcohol concentration testing, field sobriety tests and other intoxication assessments. A driver who is 21 years of age or older is considered under the influence of alcohol if their blood alcohol concentration is at or above 0.08%.

Younger drivers who have not reached the legal drinking age can also be charged with DWI, but their blood alcohol concentration threshold is much lower. Young drivers who are suspected of drinking and driving must only have a blood alcohol concentration of 0.02% to be charged under the state's zero tolerance law.

People can be charged with drunk driving even without evidence of a BAC above the legal limit, but the BAC tests are often the strongest evidence in the prosecution's case. However, they aren't necessarily the most reliable evidence.

One way that attorneys often defend clients accused of drunk driving is to question BAC test evidence. If they can show that a chemical breath test device was faulty, they can undercut the prosecution's best evidence against the accused.

Attorneys can also get the court to suppress evidence in some cases when they can show that the police exceeded the scope of their authority in arresting the driver. If the police infringed upon the driver's constitutional right to be free of unreasonable search and seizure, the evidence they gather should not be used against the defendant in court.

It's not easy to beat DWI charges. However, with the help of a skilled defense attorney, people can minimize the damages these charges can do to their lives and livelihoods.

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