A DWI arrest can have serious consequences. A conviction may affect your driver’s license, employment opportunities, insurance rates, and criminal record. However, police officers cannot simply arrest someone because they suspect alcohol consumption.
Like every criminal investigation, a DWI arrest must satisfy constitutional and legal requirements.
Got Questions?
Understanding those requirements can help explain why the legality of a traffic stop, investigation, and arrest often becomes a central issue in Arkansas DWI cases. Submit any legal questions in the form below for a free consultation.
Police Must Have a Legal Reason to Make the Traffic Stop
Every DWI investigation begins with a stop or encounter.
Before an officer can pull over a vehicle, the officer generally must have a lawful basis to do so. Common examples include:
- Traffic violations
- Equipment violations
- Erratic driving
- Suspicious driving behavior
- Participation in a lawful checkpoint
Police cannot stop a vehicle simply because they are curious or want to see whether the driver has been drinking.
If a stop lacks a lawful basis, questions may arise regarding the admissibility of evidence obtained afterward.
Poor Driving Does Not Automatically Equal Intoxication
Many people assume that any driving mistake automatically proves impairment.
That is not how DWI cases work.
While weaving, speeding, lane violations, or other driving behavior may contribute to an officer’s suspicion, the circumstances matter.
In Grace D. Pool v. City of Fort Smith, Arkansas courts examined whether a vehicle’s movement within its lane provided sufficient justification for police action. The decision illustrates how courts evaluate the totality of circumstances rather than relying on a single observation alone.
A driving mistake may contribute to reasonable suspicion, but it does not automatically establish intoxication.
Field Sobriety Tests Are Common but Not Required
During a DWI investigation, officers frequently ask drivers to perform field sobriety tests.
Common examples include:
- Walk-and-turn
- One-leg stand
- Horizontal gaze nystagmus (eye test)
Many drivers are surprised to learn that these roadside exercises are different from evidentiary chemical testing.
Field sobriety tests often become an important part of the investigation because officers use them to develop additional evidence regarding alleged impairment.
Officers Must Have Probable Cause Before Making an Arrest
A police officer may not lawfully arrest someone for DWI based solely on a hunch.
Before an arrest occurs, officers generally must develop probable cause.
Factors often cited by officers include:
- Odor of alcohol
- Slurred speech
- Bloodshot or watery eyes
- Difficulty maintaining balance
- Admissions regarding alcohol consumption
- Performance on field sobriety tests
- Driving behavior
Courts generally examine the totality of the circumstances when determining whether probable cause existed.
Chemical Tests Must Follow Proper Procedures
Many DWI cases involve breath or blood testing.
However, obtaining a test result is only part of the process.
Questions sometimes arise regarding:
- Machine maintenance and calibration
- Officer certification
- Observation procedures
- Sample collection methods
- Chain of custody documentation
The reliability of a chemical test often depends on whether proper procedures were followed from beginning to end.
Every Step of the Investigation Matters
A DWI investigation is not a single event. It is a series of decisions made by law enforcement officers.
Courts may examine:
- Why the vehicle was stopped.
- What observations were made.
- How the investigation was conducted.
- Whether probable cause existed.
- Whether testing procedures complied with applicable requirements.
Because each step builds on the previous one, issues arising early in an investigation may affect evidence obtained later.
We Simply Win
DWI cases often involve more than a breath-test result. Traffic stops, officer observations, field sobriety testing, and arrest procedures may all become important issues during a case.
At Ludwig Law Firm, attorneys Kale Ludwig and Harry Warden prepare every case as if it is going to trial. If you are facing a DWI charge in Little Rock or anywhere in Arkansas, contact Ludwig Law Firm at 501-868-7500 or visit ludwiglawfirm.com.
Frequently Asked Questions About Arkansas DWI Arrests
Can police stop me just because they think I have been drinking?
Generally, officers need a lawful basis for a traffic stop, such as a traffic violation, equipment issue, or other articulable reason.
What is probable cause for a DWI arrest?
Probable cause generally involves objective facts that would lead a reasonable officer to believe a crime has occurred.
Are field sobriety tests the same as a breath test?
No. Field sobriety tests are roadside exercises used during an investigation. Breath tests are chemical tests that measure alcohol concentration.
Can a DWI case be challenged if the stop was unlawful?
Questions regarding the legality of a stop can become important issues in criminal proceedings.
Does a breath-test result automatically guarantee a conviction?
No. Breath-test evidence is only one part of the overall case.
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.