Robert G. Leeka, Appellant v. State of Arkansas, Appellee

Summary

The court held that Leeka preserved his challenge because he raised a statutory-interpretation issue, not a sufficiency-of-the-evidence challenge requiring a motion to dismiss. On the merits, the court held that the DWI statute requires a culpable mental state under the general criminal-code provision because DWI is part of the Arkansas Criminal Code and the statutory exception for offenses outside that Code does not apply. The conviction was reversed and remanded. Justice Danielson, joined by Chief Justice Hannah, dissented, concluding that the General Assembly intended DWI to remain independent of the general mens rea provision.