Arkansas Implied Consent Law and Refusal Penalties

Arkansas follows an "implied consent" law under Ark. Code Ann. § 5-65-202: by driving on public roads, you've already agreed to chemical testing if an officer has probable cause to make a DUI arrest.

If you refuse a breath, blood, or urine test, your license could be suspended:

• 180 days for a first refusal

• 2 years for a second within five years

• 3 years for a third

• Lifetime revocation for a fourth.

The suspension is administrative and separate from any DWI charge - but strict liability law gives the state permission to charge you with a DWI for refusing.

Refusing to Submit a Chemical Test: Not A Good Idea For Your Case

Don't make the decision to refuse based on the belief that it is a loophole, or a way to get around a DWI/DUI charge. Instead, you could actually be criminally charged for your refusal! Plus, prosecutors can still pursue your case without the chemical test, based on:

• Field sobriety tests

• Officer observations

• Dashboard or body camera footage

• Witness testimony

Further, your refusal can be used in court as evidence that you were attempting to conceal impairment. This can make it harder to defend your case. However, there is something you can do that will greatly help your case - requesting to take the breathalyzer test instead of the field sobriety test.

Field Sobriety Tests Vs. Breathalyzer/Chemical Tests

Many drivers confuse breath tests with field sobriety tests. Here’s the difference:

• Field sobriety tests (like the walk-and-turn or one-leg stand) are not mandatory in Arkansas. You can legally request to take the BAC/chemical test back at the police station instead.

• Chemical tests (breath, blood, urine) are mandatory under implied consent. Refusing them leads to automatic license suspension.

This distinction matters because refusing a field sobriety test does not trigger automatic suspension, but refusing a chemical test does.

How Ludwig Can Help You Win Your DWI Case

Even if you have refused a chemical test/ breathalyzer, we can help you get back peace of mind:

1. Fight your suspension: an administrative hearing could restore your license.

2. Find errors from the state: Arguing procedural errors in how the refusal was handled

3. Challenge probable cause: suppress evidence if the stop or arrest lacked legal justification.

4. Attack the prosecution’s case: question sobriety tests, officer observations, or procedural lapses.

5. Negotiate wisely: potentially reach a plea agreement that minimizes fines or preserves driving privileges.

At Ludwig Law Firm, we prepare every case as if it’s going to trial. We also often collaborate with experienced attorneys like Harry Warden, a Super Lawyers Rising Star in criminal defense. When finesse and firepower are both needed, a Ludwig and Warden partnership gives clients the best of both worlds.

Top DWI/DUI Lawyers in Arkansas

Refusing a breathalyzer in Arkansas does not shield you from a DWI. Instead, it often makes things worse: you face immediate license suspension and give prosecutors more leverage. If you’ve refused a test or been arrested for DWI, contact Ludwig Law Firm today. We will fight for your license, your freedom, and your future. Call 501-838-4043 or visit ludwiglawfirm.com to schedule a consultation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you’re dealing with a DUI or refusal charge, consult a licensed Arkansas attorney for guidance tailored to your situation.

In Arkansas, drivers often wonder if they can—or should—refuse a breathalyzer test.

The short answer is: Yes, you can refuse a chemical test or breathalyzer - but doing so violates strict liability, and typically, refusal of the test may actually lead to a DWI or DUI charge and an additional charge due to violation of the implied consent laws in Arkansas.

Important note: Refusing a field sobriety test and requesting a breathalyzer instead is completely free of consequences. Read on to learn the difference between the two.

Remember, understanding your rights and the implications can make all the difference. 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 it a crime to refuse a breathalyzer in Arkansas?
Technically no, but it does result in license suspension and can be used against you in court.

Can you refuse a field sobriety test in Arkansas?
Yes. Field sobriety tests are optional, but chemical tests are not.

How long do you lose your license for refusing a breathalyzer?
A first refusal is 180 days. Multiple refusals increase penalties up to lifetime revocation.

Can you still be charged with DWI if you refuse?
Yes. Officers can rely on other evidence to prosecute you for DWI.

What happens if you drive on a suspended license after refusal?
You can face additional fines, jail time, and longer suspensions.