What is the penalty for refusing to submit to a chemical test for a DWI charge?

In Arkansas, anyone arrested for suspicion of driving while intoxicated (DWI) is required by law to submit to a chemical test, such as a blood or breath test, for alcohol or drug levels. Refusing to submit to a chemical test is a separate offense with additional penalties. If a driver in Arkansas refuses to submit to a chemical test, they will face an administrative license suspension. This means their driver’s license will be suspended for four years for a first offense. During that time, the driver will not be able to legally drive in Arkansas. The driver may be able to apply for a limited license after one year, but this will only be granted for certain necessary activities, such as going to work or school. In addition to the administrative license suspension, a driver who refuses to submit to a chemical test in Arkansas may also be charged with a misdemeanor DWI offense. This charge carries a potential penalty of up to one year in jail and/or a fine of up to $2,500. A driver convicted of a refusal charge will be required to complete a mandatory alcohol and drug education program. It is important to remember that anyone arrested for suspicion of DWI in Arkansas has the right to a chemical test, and refusing to submit to the test can result in serious penalties. The best course of action is to attempt to speak with an attorney before submitting to a chemical test or deciding how to plead in court.

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