Can You Refuse a Field Sobriety Test at an Arkansas DWI Stop?
When you’re pulled over on suspicion of driving while intoxicated (DWI) in Arkansas, you may be unsure about your rights and responsibilities. Many drivers believe that by refusing to submit to any test requested by a police officer, they risk automatic loss of their license. This confusion stems from misunderstanding the difference between a “chemical tests” and a “field sobriety test (FST).”
Arkansas has an implied consent law. By driving on state roads, you implicitly agree to submit to chemical testing (breath, blood or urine) if law enforcement has probable cause to suspect DWI. Refusing a chemical test results in automatic administrative penalties — primarily, the suspension of your driver’s license, which can last for months or even years depending on whether you have prior offenses. Besides loss of license, refusal can complicate your defense in criminal proceedings.
However, the implied consent law does not apply to field sobriety tests. FSTs are physical and observational assessments, including the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus (eye movement) tests. Police rely on FSTs to establish probable cause for arrest, giving them more grounds to request a chemical test or move forward with charges. Nevertheless, these tests are highly subjective and can produce misleading results. Factors such as age, medical conditions, anxiety, fatigue or rough road surfaces can impact performance — sometimes more than alcohol itself.
Refusing to submit to an FST will not cause your license to be suspended and it does not trigger legal penalties separate from a DWI prosecution. If you say “no” to an FST, an officer can still make an arrest based on other observations — like erratic driving, slurred speech or the smell of alcohol — that suggest intoxication. However, by declining an FST, you lessen the risk of a wrongful arrest based on a false failure. You also avoid providing additional evidence that could be used against you in court.
If you are arrested for DWI in Arkansas, contact an experienced defense lawyer as soon as possible. An attorney can contest the legality of the stop, the officer’s observations and the reliability of any evidence gathered. If you do submit to a chemical test, it is possible to challenge the way the test was administered and consequently the results, but there are strict deadlines for doing so.
The attorneys at Schnipper, Britton & Stobaugh in Hot Springs provide aggressive defense in Arkansas DWI cases. To schedule an appointment, call 501-762-0887 or contact us online.