The Breathalyzer (Breath Test)

The most common test in Arkansas traffic stops is the breathalyzer, also known as a breath test.

• How it works: You blow into a handheld or stationary device, which estimates BAC based on alcohol in your breath.

• Accuracy issues: Results can be skewed by medical conditions, improper calibration, or even mouth alcohol (from recent drinks, mouthwash, or burping).

• Legal consequences of refusal: Refusing a breathalyzer triggers automatic license suspension (180 days to lifetime, depending on prior refusals).

For more detail on refusal penalties, see our blog on Arkansas Breathalyzer and Implied Consent Laws

Blood Tests (BAC Tests)

Police may request a blood test, often at a hospital or medical facility.

• How it works: A medical professional draws blood, and a lab tests it for BAC or drugs.

• Accuracy issues: Chain-of-custody errors, contamination, or delays in testing can make results unreliable.

• Legal consequences of refusal: Refusing a blood test carries the same penalties as refusing a breath test.

Blood tests are harder to challenge than breath tests, but a skilled defense lawyer can look for procedural errors or lab mistakes.

Urine Tests

Though less common, Arkansas officers may use urine tests, especially if drug use is suspected.

• How it works: You provide a urine sample, which is tested for alcohol and drugs.

• Accuracy issues: Results are less precise than blood tests and often only show the presence of a substance, not actual impairment.

• Legal consequences of refusal: Refusal has the same penalties under implied consent law.

Sidebar: Why the Test Type Matters

Not all chemical tests are equal in court:

• Breath tests are fast but prone to error.

• Blood tests are considered more reliable but must follow strict procedures.

• Urine tests are often the least reliable for impairment, giving defense lawyers more room to challenge results.

Understanding which test was used in your case helps determine the best defense strategy.

Defense Strategies in BAC Test Cases

At Ludwig Law Firm, we know how to scrutinize every detail of chemical testing:

• Was the testing device properly calibrated and maintained?

• Did officers follow correct procedures for collecting blood or urine?

• Were your constitutional rights respected during the process?

• Can expert testimony show the test results were flawed or unreliable?

We prepare every case as if it is going to trial, and we often collaborate with Harry Warden, a highly regarded criminal defense attorney in Little Rock. Together, we give clients both sharp negotiation skills and aggressive trial advocacy.

Protect Your Rights After a DWI Arrest

If you refused a chemical test—or took one and are worried about the results—you don’t have to face it alone. Learn more about your DWI case today and let Ludwig Law Firm fight for your license, your freedom, and your future.

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

When you’re pulled over on suspicion of DWI in Arkansas, police may request a chemical test to measure your blood alcohol concentration (BAC). These tests can include breath, blood, or urine analysis. While all fall under Arkansas’ implied consent law, each method has different procedures, levels of accuracy, and legal implications.

Knowing your rights—and the differences between these tests—can make a big difference if you are arrested for DWI.

Remember, understanding your rights and the implications can make all the difference in your DWI case. If you have any questions, feel free to fill out the form on this page, and an attorney will reach out to you with an answer. Now, let's dive in!

Frequently Asked Questions

Is a breathalyzer always accurate in Arkansas?
No. Breath tests can give false readings due to improper calibration, medical issues, or residual mouth alcohol.

Can I refuse a blood test in Arkansas?
Yes, but refusal leads to automatic license suspension under the implied consent law.

Which test is hardest to fight in court?
Blood tests are often harder to challenge, but procedural errors can still make them unreliable.

Can a urine test alone convict me of DWI?
It can be used as evidence, but because urine tests often only show substance presence—not impairment—your lawyer can challenge their weight in court.