Arkansas DWI/DUI Evidence and Chemical Testing
Validity of tests in Arkansas DWI cases
During Arkansas DWI arrests, police officer who requests a chemical test of the driver is required to inform the driver of the right to obtain an independent test or the initial test will not be admissible in court. Only tests performed within 4 hours of the alleged DWI are admissible. Only a doctor or someone acting with the supervision of a doctor can take a sample of blood for testing. Anyone may operate a breath testing device, but the device must be a type which cannot be affected by the operator. The device needs to have been certified by the State, and must have been tested within 3 months.
Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-204, 5-65-206, 5-65-207
Interpretation of Arkansas DWI/DUI breatth and blood tests
After an Arkansas DUI arrest, if a chemical test shows that a driver had a BAC of 0.04 or less, it creates a presumption that the driver was not intoxicated. This means that unless the driver is proven to have been intoxicated by evidence more persuasive than the test result, the driver will be considered sober. If the driver has a BAC of 0.08 or more, it means the driver is automatically assumed to be intoxicated.
Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-206
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