Blood Test vs. Breath Test in Arkansas: Which One Helps the Defense More?
If you’ve been arrested for DWI in Arkansas, the officer may ask for a blood test, a breath test, or both. These tests work very differently — and one is often more favorable for the defense.
1. Breath Tests Are Easier to Challenge
Breath tests have several common issues:
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calibration problems
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poor maintenance
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operator error
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mouth alcohol
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medical conditions (GERD, diabetes, ketosis)
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failure to observe the required waiting period
These weaknesses make breath-test suppression and defense much more likely.
2. Blood Tests Are More Accurate — But More Regulated
Blood tests are generally more accurate, but the law places strict requirements on:
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who draws the blood,
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how it’s drawn,
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chain of custody,
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storage conditions,
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lab procedures,
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whether a warrant was required.
A single mistake can invalidate the result.
3. Warrant Issues Are a Common Weak Point
Officers must have:
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proper authority,
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a valid warrant,
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or voluntary consent
before drawing blood. Forced draws without a warrant are often suppressed.
4. Timing Matters
BAC levels change over time. Delays in:
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transport,
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draw time,
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or testing
can all undermine the State’s case.
5. Which Test Helps the Defense More?
In most cases:
Breath tests are easier to attack.
Blood tests are more accurate — but also more vulnerable to legal challenges if police cut corners.
Bottom Line
Both blood and breath tests have weaknesses. Understanding which test was used — and whether officers followed the law — is essential. If your DWI involves either test, contact my office for a detailed review.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.