What Happens If You Refuse a Breathalyzer?

If you've ever been pulled over by law enforcement in Arkansas and faced the decision of whether to submit to a breathalyzer test, you may have found yourself wondering about the potential consequences of refusal.

Refusing a breathalyzer test in Arkansas can be an overwhelming and complicated situation, with legal implications that can greatly impact your future. Reviewing these consequences is crucial to making an informed decision and protecting your rights when confronted with such a scenario.

As an experienced DWI attorney at James B. Bennett Law Office in El Dorado, Arkansas, I'm committed to protecting your rights whether you refuse a breathalyzer or not. Here, I'll walk you through the essential details on what happens if you refuse a breathalyzer test, so you can feel confident knowing what to expect.

What Is Implied Consent Law in Arkansas?

Before discussing the consequences of refusing a breathalyzer, it's essential to understand Arkansas' implied consent law. Implied consent refers to the legal doctrine that, by driving a vehicle in Arkansas, you automatically consent to chemical testing (breath, blood, or urine) if an officer has reasonable grounds to suspect that you're under the influence of alcohol or drugs.

Essentially, by operating a vehicle on Arkansas roadways, you've agreed to take a chemical test if requested by law enforcement officers.

This consent isn't explicit, which means, you don't have to sign anything to acknowledge your agreement. It's assumed that anyone operating a motor vehicle on public roads consents to such testing. By refusing to take a breathalyzer, you're directly challenging this implied consent agreement, and doing so can trigger severe penalties.

What Are the Legal Penalties for Refusing a Breathalyzer?

Refusing a breathalyzer test in Arkansas isn't without consequences. The state takes this action seriously, and the penalties can be just as harsh—if not harsher—than those imposed for a DUI conviction itself. These penalties primarily revolve around the suspension of your driver's license, but there may also be longer-term legal and financial consequences.

One of the most immediate consequences of refusing a breathalyzer test in Arkansas is the suspension of your driver's license.

1. Automatic Driver's License Suspension

Arkansas law mandates that if you refuse to take a breathalyzer test, your license will be automatically suspended. This suspension typically lasts for 180 days for a first refusal and can be extended to up to two years if it's your second or subsequent refusal.

It's important to note that this suspension is administrative and occurs independent of any criminal proceedings. In other words, the suspension happens regardless of whether you're ultimately charged with a DUI.

Additionally, the suspension is effective immediately, and you'll likely receive a notice of suspension at the time of the refusal. In some cases, the officer may issue you a temporary permit that allows you to drive for a limited time while your case is being processed.

If you've previously refused a breathalyzer test in the past and are caught refusing again, you'll face even harsher consequences.

2. Increased Penalties for Subsequent Offenses

For a second or subsequent refusal within a five-year period, the suspension period can be as long as two years. Additionally, repeat offenders may be subject to more severe legal action, including higher fines and longer probation periods if convicted of DUI or other related offenses. While Arkansas doesn't impose jail time solely for refusing a breathalyzer, the refusal may exacerbate other criminal charges.

3. Possible Jail Time for Refusal in Certain Circumstances

If you're arrested for DUI and refuse a breathalyzer, the refusal itself can be used as evidence of your guilt in court. Prosecutors may argue that your refusal indicates consciousness of guilt or that you were attempting to avoid testing positive for alcohol or drugs.

This could lead to higher fines, longer probation periods, and even jail time depending on the circumstances. Refusing a breathalyzer also carries financial consequences.

What Are the Civil Penalties and Financial Implications?

In addition to the cost of potential fines, your refusal could lead to higher insurance premiums or difficulty obtaining car insurance in the future. Insurance companies may view a refusal to take a breathalyzer as an indicator of risky behavior, and as a result, they may raise your rates or even refuse to insure you altogether.

If your refusal is part of a DUI arrest, you may be required to pay fines associated with a DUI conviction. These fines can range from several hundred to several thousand dollars, depending on the severity of the offense. For example, fines for a first DUI conviction in Arkansas range from $150 to $1,000.

If you're convicted of a second offense, you may face the following penalties:

• Fines ranging from $400 to $3,000

• Mandatory alcohol education programs

• Installation of an ignition interlock device in your vehicle

• Possible license suspension

• Increased jail time or community service

What Are Your Options After Refusing a Breathalyzer?

If you refuse a breathalyzer in Arkansas, it's crucial to understand the steps you should take next. While refusal may initially seem like a way to avoid certain penalties, it may create more problems for you in the long run.

One option available to you after refusing a breathalyzer is to request an administrative hearing with the Arkansas Office of Driver Services.

Request a Hearing

This hearing allows you to contest the suspension of your driver's license. However, it's important to note that the success of such a hearing largely depends on the circumstances of your case, including whether the arresting officer had reasonable grounds to suspect you were driving under the influence.

If you can prove that the officer lacked probable cause to stop you or that the breathalyzer refusal was in some way unjustified, you may be able to avoid the suspension. However, negotiating the hearing process can be complicated, and it's typically a good idea to enlist the help of a skilled attorney.

Hire a DWI Attorney to Defend Against Charges

If you've been arrested for DWI/DUI after refusing a breathalyzer, it's wise to hire an experienced DWI attorney. A DWI attorney like myself, James B. Bennett, Attorney at Law, can help you understand the nuances of Arkansas' DUI laws and assist you in building a strong case.

Your DWI attorney will be able to challenge the evidence against you, explore potential weaknesses in the prosecution's case, and work to reduce the penalties you face. With the help of a professional, you may be able to have the charges reduced or even dismissed altogether depending on the circumstances.

Complete Required Programs

If your refusal results in a DWI/DUI conviction or if you're found guilty of other alcohol-related offenses, you may be required to attend alcohol education or treatment programs. These programs are often a part of the penalty for DUI offenders in Arkansas and may help mitigate the consequences of your actions.

Is It Ever a Good Idea to Refuse a Breathalyzer in Arkansas?

In general, refusing a breathalyzer test isn't advisable in Arkansas, especially considering the severe penalties associated with refusal. However, in some circumstances, refusing may seem like an attractive option. If you're concerned about testing positive for alcohol or drugs, you may wonder if refusing the test is the best way to protect yourself.

While refusal may prevent you from providing direct evidence of impairment, it can also lead to substantial penalties, including an automatic driver's license suspension and the potential for harsher criminal penalties.

Additionally, refusal may be used against you in court, as it can be interpreted as evidence of guilt. In many cases, submitting to the breathalyzer test may be the best option, as it provides the most straightforward path to resolving the situation.

If you find yourself in a situation where you're being asked to submit to a breathalyzer, it's important to understand your rights and the implications of your decisions. Seeking legal counsel from a DWI attorney is often the best course of action to protect your interests and work through the challenges of Arkansas law.

Contact an Experienced Defense Lawyer

If you've refused a breathalyzer and you're facing legal challenges as a result, don't hesitate to reach out to me at James B. Bennett Law Office. I represent criminal law clients in El Dorado, Arkansas, and all of South Arkansas. Contact me today to schedule a consultation.