Do I need to take a chemical test to prove my innocence?

No, in Arkansas, you are not required to take a chemical test to prove your innocence in a DWI case. The only time a test may be required is if the officer has a reasonable suspicion that you are driving under the influence. Even in this case, the driver is not legally required to take a chemical test. Refusal to take the test may result in the suspension of a person’s driver’s license. In the state of Arkansas, chemical test refusal is not considered as evidence of guilt in a DWI case. However, a driver’s refusal to take a test can be used against them in court. This is referred to as “implied consent” and is the legal way of saying that a driver consented to a chemical test by not refusing it. A driver who is pulled over on suspicion of driving under the influence is encouraged to cooperate with the officer, but it is not necessary to take a chemical test. Your best bet to prove innocence is to remember details of the incident, such as road conditions, what the officer said or did, and what the situation was at the time. If you can prove that you were not under the influence at the time of the stop, then you may be able to avoid a DWI charge.

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Do I need to take a chemical test to prove my innocence?

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