If an officer asks you to take a breathalyzer test after a DWI arrest in Arkansas, refusing carries its own consequences. Here is what the law says and why the decision matters.

Implied Consent

Arkansas has an implied-consent law. By driving in Arkansas, you are considered to have agreed to a chemical test of your breath, blood or urine when an officer has reasonable grounds to believe you were driving while intoxicated.

What Happens If You Refuse a Breathalyzer

Refusing a chemical test carries its own consequences under A.C.A. § 5-65-205, including suspension of your driving privileges. These consequences are separate from any DWI charge. In addition, they grow more serious with prior refusals or DWI offenses.

Refusing also does not guarantee that a DWI charge will be dropped. The State may still try to prove intoxication through other evidence, such as the officer’s observations, field sobriety tests and video.

The Legal Limit

Under A.C.A. § 5-65-103, it is unlawful to drive while intoxicated or with an alcohol concentration of 0.08 or more. Lower limits apply to commercial drivers and drivers under 21.

Deadlines Are Short

License consequences after an arrest come with their own short deadlines. Therefore, read every paper the officer gave you and get advice quickly.

Questions Worth Asking

Was the traffic stop lawful?
Were you properly advised about the test?
Was the test given according to required procedures?
What does the video show?

Every case is different, and these questions don’t guarantee any result. For more, see my DWI page.

Talk With a Jonesboro Lawyer

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online.

This post is general information about Arkansas law, not legal advice for your situation.