Arkansas: Implied consent and DUI

Like many other states, Arkansas drivers are bound by implied consent laws. Implied consent means when you applied for your drivers license, you agreed should you be pulled over on a suspicion of driving under the influence (dui) you would subject yourself to a "field sobriety test", which is generally done using a breathalyzer at the scene.

What is implied consent?

According to the legal dictionary, implied consent is "Consent that is inferred from signs, actions, or facts, or by inaction or silence". In effect, your action (e.g., getting behind the wheel of your car) means your action gives law enforcement officers the right to request a toxicity screening.

What happens when you refuse?

Interestingly enough, the refusal of a breath test may be as damaging (or more so) than actually taking the test. Taking a blood alcohol test of any kind may prove you have been drinking however, refusing to take one may be used against you when you go to court as the officer may bring this to the court's attention and use it to say "refused to take BAC". This could result in the court feeling you were hiding something.

Your driver's license and refusal

According to the Arkansas Department of Finance and Administration (who handles driver's licensing in Arkansas) when you are arrested, the officer will take your driving license. In place of your license, you will receive a slip that allows you some temporary driving privileges. This slip also notifies the driver they must make arrangements for an Administrative Hearing within a specific time period. Keep in mind, these hearings are not the same as going to court but may have serious consequences. In the case of a refusal to submit to a BAC, this will be noted during this hearing and could result in suspension of your driving privileges for upwards of six months. Specifically the rule is  "If at the hearing, the person is found to driving while intoxicated, or registered a BAC .08%, or refused the BAC test the driver’s license will be suspended for 6 months for 1st offense DWI, and/or 180 days for 1st offense Refuse Test."

When you are stopped for a DUI or DWI, it is imperative you follow the instructions of the law enforcement officer. Be sure to contact an Arkansas DUI attorney immediately to help you protect your rights. While you may refuse field sobriety tests, it is important to understand the long-term ramifications of this decision.

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