Consequences of Refusing the Breathalyzer in Arkansas
Refusing a breathalyzer in Arkansas isn't a hard crime, but it can lead to license suspension and other legal consequences. Know your rights—read more from Ludwig Law.
In Arkansas, drivers often wonder if they can—or should—refuse a breathalyzer test. The short answer is: Yes, you can refuse, but it's important to know what that really means. Refusal is not a criminal act, though it does carry serious consequences. Understanding your rights and the implications can make all the difference.
Foundational Concept: Arkansas' Implied Consent Laws
Arkansas follows an "implied consent" law: 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, your license is administratively suspended: 180 days for a first refusal, 2 years for a second within five years, 3 years for a third, and a lifetime revocation for a fourth.
How Refusal Impacts Your DUI Case
Administrative suspension is immediate, separate from any DUI charges. You’ll receive a temporary driving permit but must request a hearing within 7 days to challenge.
Criminal proceedings may still proceed if probable cause existed. But without a breath result, prosecutors rely on observations, field sobriety tests, and officer testimony.
Refusal may be used against you in court, as it could suggest you had something to hide.
How Ludwig Can Help You Win Your Case
Have you gotten a DUI, or refused a test? Here's how we can help you get back peace of mind:
Fight your suspension: an administrative hearing could restore your license.
Challenge probable cause: suppress evidence if the stop or arrest lacked legal justification.
Attack the prosecution’s case: question sobriety tests, officer observations, or procedural lapses.
Negotiate wisely: potentially reach a plea agreement that minimizes fines or preserves driving privileges.
Without proper advocacy, refusal can lead to lengthy suspensions, higher insurance costs, and a stronger prosecution stance.
Final Takeaway
Refusing a breath test in Arkansas carries with it serious consequences. Know what these are before you make a decision, and if you're facing a DUI arrest—whether or not you took a breath test—Ludwig Law Firm is here to help. We'll guide you through both administrative hearings and criminal defense, and fight to preserve your future.
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.
