If you’re arrested for suspected DWI in Arkansas, you’ll likely be asked to take a chemical test — usually a breath test at the station. Whether to take it is one of the most consequential decisions in a DWI case, and it usually has to be made on the spot.
Here’s what Arkansas law actually says about refusing — and what it costs.
The Short Answer
You can refuse, and the officer will not force a breath test on you. But in Arkansas, refusal is its own offense, it triggers its own license suspension — from 180 days for a first refusal up to a lifetime revocation for a fourth within five years — and prosecutors can use it against you at trial. Blood tests work differently: absent exigent circumstances, police need a warrant or your consent.
What Arkansas’s Implied Consent Law Actually Says
Under Ark. Code § 5-65-202, anyone who drives in Arkansas is deemed to have consented to a chemical test of breath, saliva, or urine — but only in three situations:
- You have been arrested for driving or boating while intoxicated;
- You were involved in an accident while driving or in actual physical control of a vehicle; or
- At the time of arrest, the officer has reasonable cause to believe you were intoxicated or at .08 or more.
None of the three is the “reasonable suspicion” that justifies a traffic stop. Implied consent is tied to an arrest or a crash, not to a hunch — and it does not reach every kind of test:
| Test | Implied Consent and Refusal |
|---|---|
| Field sobriety tests | Not covered — they are not chemical tests. Voluntary, and declining does not trigger a license suspension. See field sobriety tests in Arkansas DWI cases. |
| Breath test after arrest | Covered. Refusing triggers a refusal suspension and a separate refusal charge (§ 5-65-205). |
| Saliva or urine test | Covered. Same consequences as a breath-test refusal. |
| Blood test | Not covered. Absent exigent circumstances, police need a warrant based on probable cause or your express consent (§ 5-65-202(c)). See when Arkansas police can force a blood draw. |
Ark. Code §§ 5-65-202, -205. The refusal penalties in § 5-65-205 are written for breath, saliva, and urine tests.
What Happens When You Refuse
Under Ark. Code § 5-65-205, a refusal sets off a fixed sequence:
- No test is given. The officer does not force the breath test.
- Your license is seized. You get a receipt that serves as a temporary driving permit for up to 30 days (§ 5-65-402). See do you lose your license immediately?
- You can be charged with refusal. It is a separate offense — a strict liability “violation,” which is not jailable — on top of any DWI charge.
- Driver Services suspends your license. The length depends on how many refusals you have had in the past five years, and getting your license back requires a reinstatement fee.
| Refusal | License Consequence |
|---|---|
| First | 180-day suspension. If the arrest was for alcohol, an ignition interlock restricted license can be issued immediately; the regular restricted driving permit is not available. |
| Second within 5 years | 2-year suspension |
| Third within 5 years | 3-year revocation |
| Fourth within 5 years | Lifetime revocation |
Ark. Code § 5-65-205. Prior refusal convictions count, and so do prior refusal suspensions unless you were later acquitted of the criminal charge. A resident with no license is denied one for 6 months after a first refusal and 1 year after a second or later refusal.
Drivers under 21 face a parallel statute, Ark. Code § 5-65-310: a 90-day suspension for a first refusal, one year for a second, and revocation until age 21 or for three years, whichever is longer, for a third. See DWI vs. DUI in Arkansas for how underage cases differ.
Your Refusal Can Be Used Against You at Trial
Prosecutors can tell the judge or jury that you refused. The Arkansas Supreme Court has held that a refusal is admissible as circumstantial evidence of “knowledge or consciousness of guilt” (Medlock v. State, 332 Ark. 106 (1998)), and it has cited that rule since (Lockhart v. State, 2017 Ark. 13).
That doesn’t end the inquiry. The defense can challenge whether there was a real refusal at all — and why it happened:
- Confusion, a language barrier, or unclear or improper instructions from the officer
- A medical condition that made giving a sample difficult
- A reason for declining that has nothing to do with guilt, such as distrust of the testing device
- Whether the officer explained what refusing would cost you
- Whether the stop and arrest were lawful in the first place — implied consent depends on them
Refusing vs. Testing: The Tradeoffs
Refusal changes the evidence in the case — in both directions:
What Refusal Takes From the State
- Without a test result, the State can’t use the .08 route. It has to prove you were “intoxicated” — that your reactions, motor skills, and judgment were substantially altered (§§ 5-65-102, -103).
- The case turns on officer observations, field sobriety tests, and video, which the defense can test against each other.
- A questionable stop matters even more, because there’s less evidence to fall back on.
What Refusal Costs You
- Its own license suspension, from 180 days up to lifetime revocation
- A separate refusal charge
- The refusal itself, admissible as evidence of guilt
- For CDL holders, a one-year disqualification — even if you beat the DWI
- A prior refusal that counts against you for five years
A DWI can still be proven without a chemical test, and a test result can still be challenged — see DWI breath tests in Arkansas and what if the machine wasn’t calibrated?
There is no one-size-fits-all answer. What matters most:
- How the stop and the arrest unfolded
- Your driving behavior
- Whether there was an accident
- Your field sobriety test performance
- What the body-camera video shows
- Any prior DWI or refusal history
- Whether you hold a commercial driver license
If you’ve already been arrested, talk to a lawyer about how the choice you made affects your case.
Commercial Drivers: Refusal Counts Like a Conviction
For CDL holders, a refusal means a one-year disqualification from driving commercial vehicles — whether you were in a commercial truck or your own car — three years if you were hauling placarded hazardous materials, and a lifetime disqualification on a second offense (Ark. Code § 27-23-112). An officer who asks someone driving a commercial vehicle for a test must warn that refusal will result in disqualification (§ 27-23-114). See CDL DWI in Arkansas.
Fighting the Suspension: The 7-Day Hearing
A refusal suspension can be challenged, but only if you act fast. You must make a written request for an administrative hearing within seven calendar days after the notice (Ark. Code § 5-65-402). Miss it, and the suspension takes effect when your 30-day temporary permit runs out.
For a refusal, the hearing covers whether:
- The officer had reasonable grounds to believe you were driving or in actual physical control while intoxicated or over the legal limit
- You were placed under arrest
- You actually refused
- You were told your license would be suspended if you refused
The State has the burden of proof, by a preponderance of the evidence. Hearings may be held by phone and are not recorded, and an adverse decision can be taken to circuit court for de novo review within 30 days. See how to save your license after a DWI arrest and license suspension representation.
Talk to a Lawyer Before the Deadline Runs
Refusing a breath test can help or hurt your case depending on the facts — and either way, the seven-day clock starts at your arrest. As a Little Rock criminal defense attorney, I defend DWI and refusal cases throughout Pulaski County, and I can review your stop, your arrest paperwork, and your options right away.
Related Reading
Refused a Breath Test?
The seven-day deadline to request your license hearing is already running. Let’s look at your case before it passes.
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.
Updated October 18, 2026