Legal Question in DUI Law in Arkansas

implied consent and continuances up until one day before time limit for prosecut

Son was in accident and hospitalized, unconscious. When he came to, officer asked questions. Son does not remember anything. Gave him ticket for DWI (implied consent) since son did not take test. His license has been suspended for almost 1 year. Continuance after continuace filed by prosecution and final traffic court date is one day before the legal time is up for this case. He has not been driving, a witness in car has been subpeoned. First question: Can witness take the fifth amendement? 2nd question: What kind of punishment will he get since he has already been punished by having his license suspended for almost a year? He has to be able to drive soon because he works and his parents cannot continue driving him around.


Asked on 12/29/01, 1:30 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: implied consent and continuances up until one day before time limit for pros

To your first question, the witness may refuse to answer a question that may tend to incriminate himself. That is what is meant by "taking the fifth". The witness will have to answer other questions or risk being held in contempt and punished by the court. As I am not licensed in the State of Arkansas, I cannot answer any of your other questions. Although I went to law school in Arkansas, I am licensed only in Montana and can and will only answer questions that are specific to Montana or can be answered generally. Your other questions require an Arkansas attorney to answer them. Good Luck!

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Answered on 1/02/02, 12:56 pm


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