Refusing a post-arrest breath test doesn’t prevent Arkansas from pursuing a DWI case. It also starts a separate administrative process that can affect your driving privileges. The criminal accusation and the license action are connected, but they move on different tracks.
Refusal carries immediate consequences and doesn’t make the underlying case disappear. I have defended criminal cases in Northwest Arkansas for more than 15 years, including DWI matters, and my prior work as a Deputy Prosecuting Attorney helps me assess how the State is likely to approach the evidence.
What Arkansas Means by a Breath-Test Refusal
Under Arkansas implied consent law, a person who operates a vehicle is considered to have agreed to a designated chemical test after a qualifying DWI arrest. This post-arrest test may involve breath, blood, saliva, or urine. It’s separate from the allegation that the driver was intoxicated.
Arkansas Code ยง 5-65-205 treats refusal of the designated chemical test as a strict-liability violation, so the State doesn’t have to prove that a person intended to violate the law. When an officer records a refusal, the officer doesn’t administer the designated test, seizes the driver’s license, and issues a temporary driving permit or receipt.
The refusal creates its own allegation and driver’s-license consequences while the underlying criminal case remains pending, even without a blood alcohol concentration (BAC) result.
License Consequences After a Refusal
The Office of Driver Services bases the penalty on the driver’s history of qualifying refusals during the applicable five-year lookback period:
- A first refusal results in a 180-day driver’s license suspension.
- A second refusal during the lookback period results in a two-year suspension.
- A third refusal during that period results in a three-year revocation.
- A fourth refusal during that period results in lifetime revocation.
An ignition interlock restricted license isn’t broadly available after every refusal. Arkansas permits immediate issuance only after a first refusal when the arrest involved operating a vehicle while intoxicated by alcohol ingestion. An ignition interlock requires an alcohol-free breath sample before the vehicle will start.
Reinstating a license requires more than waiting out the suspension. Arkansas also requires completion of a Victim Impact Panel class, submission of the completion certificate to Driver Control, and payment of a $150 reinstatement fee.
Why No BAC Result Doesn’t End the DWI Case
The State can proceed without a breath-test number by relying on driving conduct, officer observations, and video or other admissible evidence.
A breath-test refusal can also become part of the State’s evidence. Arkansas courts have held that refusal to take a blood-alcohol test may be admitted on the issue of intoxication as evidence suggesting consciousness of guilt. A refusal doesn’t decide the case by itself, but it must be assessed in context.
A defense review should examine:
- What the officer observed before and during the arrest.
- Whether the implied-consent advisement was given.
- Which chemical test was requested and how the refusal was documented.
- What video or other evidence is available.
- Whether the evidence supports the underlying DWI allegation.
Arkansas also restricts plea bargaining in impaired-driving cases. A DWI generally can’t be negotiated down to a lesser offense as a routine solution, making early attention to the evidence and the separate refusal issue important.
The First Seven Days After Arrest
The administrative deadline arrives before many people have time to understand their paperwork. A driver has seven calendar days from the arrest date to request a hearing with the Office of Driver Services and contest the license suspension. Without a timely request, the suspension becomes automatic.
A Driver’s License Receipt may allow someone who held a valid license at the time of arrest to drive temporarily for 30 days. That period doesn’t extend the seven-day hearing deadline. Treat the receipt and the hearing request as separate matters.
After an arrest, keep the paperwork together and note these dates:
- The arrest date, which starts the seven-calendar-day hearing period.
- The date on the temporary driving receipt, which identifies the temporary driving period.
- Any court date, which concerns the criminal proceeding rather than the administrative license action.
Reviewing Both Tracks in a Bentonville DWI Case
A sound review treats the criminal case and the driver’s-license proceeding separately while accounting for the facts they share. It should identify the criminal and refusal allegations, then track the suspension notice, temporary permit, and administrative hearing deadline.
For Bentonville-area cases, I also consider the local court process and the issues likely to arise in Benton County District Court. I focus on the record of the stop and arrest, the officer’s advisement and documentation, the available evidence, and the procedural steps that remain.
The roadside decision has already happened, but the legal decisions that follow should account for both tracks. Preserve the paperwork, calculate the seven-day deadline from the arrest date, and don’t assume that the absence of a BAC result resolves either proceeding.
At Cody W. Dowden, Attorney at Law, I handle DWI defense matters throughout Northwest Arkansas, with direct attorney involvement from the first conversation through resolution. To discuss a refusal allegation, a pending DWI case, and the administrative deadline, contact me at (479) 777-0640.