When Arkansas Police Can Make a DWI Arrest
A DWI stop can change your entire life — especially in Little Rock, North Little Rock, Sherwood, Bryant, Benton, or anywhere in Pulaski County. But officers can only arrest you for DWI if they meet specific legal requirements. When they don’t, the entire case may fall apart.
Here’s what actually matters in a DWI arrest in Arkansas.
1. The Officer Must Have a Reason to Stop You
Police cannot pull you over “just to check.” They must have reasonable suspicion of:
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erratic driving
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equipment issues
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or another lawful basis
If the stop was illegal, everything after it can be suppressed.
2. Poor Driving Alone Is Not Enough for DWI
Touching the fog line or drifting slightly does not automatically equal intoxication. Arkansas courts have repeatedly ruled that minor “weaving within the lane” does not create probable cause for DWI.
3. Field Sobriety Tests Are Not Mandatory
You are not required to:
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walk and turn
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stand on one leg
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follow a pen with your eyes
Officers do not tell you this. These tests are optional and often unreliable.
4. Probable Cause Must Exist Before Arrest
Officers must have objective facts showing impairment, such as:
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strong odor of alcohol
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slurred speech
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unsteady balance
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confusion
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admissions
If they lacked probable cause, the arrest can be challenged.
5. Breath and Blood Tests Can Be Suppressed
Testing requires compliance with:
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Arkansas implied consent rules
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proper machine calibration
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proper draw and chain-of-custody procedures
Errors can result in the test being excluded entirely.
Bottom Line
Many DWI cases in Arkansas come down to whether the police acted lawfully. If the stop, the tests, or the arrest process violated your rights, the case may be significantly weakened — or dismissed.
If you were arrested for DWI, contact my office so I can evaluate every step of the police encounter.
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.