Arkansas DWI Implied Consent Law

All drivers in Arkansas are considered to have consented to a chemical test of their blood, breath, or urine if they are involved in a traffic accident, or if a police officer reasonably believes them to have committed a DWI offense. If the driver refuses to take a test when requested by a police officer, his or her license will be suspended.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-202,

Arkansas DWI Testing Procedure Under Implied Consent:

Each police department will determine which test it will give to all drivers that it tests. If a person objects to a blood test, the police officer must use a breath test instead. 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. A police officer who requests a chemical test of the driver is required to inform the driver of the right to obtain an independent test. The driver also has the right to have the results of all tests performed on him or her sent to his or her attorney.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-203, 5-65-204

Suspension periods for refusing a chemical test after an Arkansas DWI arrest:

First Offense: 6 months, and the driver may be given a restricted license immediately.

Second Offense within 5 years: 2 years, and the driver may not be given a restricted license.

Third Offense within 5 years: 3 years, and the driver may not be given a restricted license.

Fourth Offense or more within 5 years: Life, and the driver may not be given a restricted license.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-205

Suspension periods for drivers under 21:

First Offense: 90 days.

Second Offense within 1 year: 1 year

Third Offense or more before age 21: 3 years or until the driver reaches age 21, whichever comes last.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-310

Arkansas DWI Implied Consent License Suspension Hearings:

If a driver refuses a chemical test, his or her license will be seized by the officer who requested it. The driver will receive a temporary 30-day license if his or her license was valid when it was seized. The driver will be unable to drive at the end of these 30 days unless he or she requested a hearing within 20 days of being arrested. At the hearing, the State must prove that the driver probably committed a DWI offense and refused a chemical test after being told of the consequences of refusing. If the hearing officer rules against the driver, the driver may appeal to the circuit court of the same county within 30 days for a new trial.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-402