Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

The answer to your question is yes. In Arkansas, refusing to take a Breathalyzer or other chemical test when pulled over for driving under the influence (DWI) can result in a conviction for a DWI. In Arkansas, the law states that when an individual is pulled over and the officer has probable cause to believe he or she is intoxicated, the officer can get a warrant to force the driver to take a Breathalyzer or chemical test. This law is known as Arkansas’ Implied Consent Law. If a driver refuses to take a Breathalyzer or other chemical test, the driver will be charged with a DWI, but the driver will not have any evidence of his or her intoxication levels. This means that the prosecutor must prove that the driver is guilty of the DWI without the BAC levels from the chemical test in order to obtain a conviction. If a driver is convicted of refusing a Breathalyzer or other chemical test, the driver is subject to the same penalties that result from a DWI conviction, including jail time, fines, community service, and license suspension. Because of this, it is important for individuals pulled over for DWI in Arkansas to consider the risks of refusing a Breathalyzer or chemical test.

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