Arkansas drivers who refuse to submit to Breathalyzer tests or provide samples for toxicology tests to determine blood alcohol content levels may not realize the consequences they could face. A Little Rock man who was suspected of being impaired was recently booked into an Arkansas jail on several DWI-related charges, including refusal to submit to chemical testing. The man allegedly crashed his vehicle into a utility pole and then fled on foot.
Law enforcement officers reported that they had reason to suspect impairment and proceeded to do two field sobriety tests during which the driver appeared glassy eyed. Neither of the tests was correctly completed due to the driver's alleged intoxication. Officers also report the discovery of white powder in plastic bags which were sent for laboratory testing.
Many drivers are not aware of the fact that the refusal to submit to tests to determine their blood alcohol content levels can lead to the automatic loss of their driver's licenses. Arkansas DWI laws allow prosecutors to charge individuals with driving under the influence if the officers have evidence of impairment. The evidence may include observed erratic driving, appearance and behavior.
Under the Implied Consent law, Arkansas drivers automatically agree to submit to Breathalyzer tests if arresting officers believe they have been driving while intoxicated. However, the officer must inform the driver of this law and the potential penalties for refusal to submit. Refusal is a violation and can lead to the suspension of the suspected drunk driver's license. Drivers who are facing license suspension for refusal to submit to Breathalyzer tests and chemical testing may benefit from retaining the services of an experienced DWI defense attorney to fight for their driving privileges.
Source: arkansasonline.com, "Suspected drunken driver strikes utility pole, police say; Hillcrest residents left in dark", Brandon Riddle, Aug. 31, 2016