Refusal to Submit to a Chemical Test

Refusal to Submit to Chemical Tests Attorney in North Little Rock

Protecting the Rights of Citizens in Jacksonville, Sherwood, Pulaski County & Beyond

When you are driving down roads in Arkansas and get pulled over by law enforcement under suspicion of a DWI, whether you have had a few drinks or not, you have technically given your consent to submit to a blood or breathalyzer test if requested. Known as “implied consent” laws that every state in the country has, you can be charged with “Refusal to Submit to a Chemical Test” if you do not wish to take the test. 

The consequences of refusal often mean that your license is suspended and other penalties. If you have recently refused a chemical test, it is in your best interest to have a qualified attorney defend your rights and freedoms. 

At Jacob Denson, our experienced North Little Rock implied consent attorneys have the experience and knowledge in dealing with test refusal cases and can help you navigate through the legal process so you can keep your license and stay on the road.

Dial (501) 273-1748 or submit your information on our online form to set up a free consultation. We are available 24/7 to answer your questions and discuss your case.

Can You Refuse a Chemical Test in Arkansas?

As an Arkansas citizen, you are well within your rights to refuse to take a chemical test. Law enforcement cannot force you to take a breathalyzer or blood test without a signed warrant by a judge. 

You can refuse to submit a test for several different reasons, including:

  • Feeling that the traffic stop or arrest was unjustified
  • Wishing to speak to an attorney before agreeing to submit a test
  • Believing the test will be inaccurate or show a false positive
  • Health reasons 

No matter the reason, it is important to note that refusing to take a test is not an admission of guilt. However, while you are free to refuse to take a test, law enforcement is allowed to arrest you for your refusal and potential penalties may be incurred. By having a reliable attorney on your side, we can make sure you are treated fairly and given a fair shake to prove your innocence.

Arkansas Penalties for Refusing a Chemical Test

As mentioned, while you can refuse to submit to a chemical test, you will violate Arkansas’s implied consent law, which can result in consequences. Even if you end up not being charged with a DWI, you can still be charged simply for your refusal.

The penalties are as follows:

  • Six-month suspension of your driver’s license on your first offense
  • Two-year suspension of your driver’s license on your second offense if within 5 years of the first
  • Three-year revocation of your driver’s license on your third offense within 5 years of the first offense
  • Lifetime revocation of your driver’s license on your fourth offense within 5 years of the first.

How a Little Rock Test Refusal Lawyer Can Defend You

As steep as these penalties may appear, you have the right to an administrative hearing to contest the punishment. At the hearing, your attorney can defend you and dispute the charges. If you retain the services of our team at Jacob Denson, we will explore every aspect of the arrest.

We will argue on your behalf over issues such as:

  • Whether the officer had reasonable suspicion or probable cause to stop your vehicle
  • Whether the officer had probable cause or reasonable suspicion to believe you were operating a motor vehicle under the influence
  • Whether the officer properly request you to submit to a chemical test before the arrest
  • Whether you actually refused the chemical test when properly requested

Our main goal is to lighten the penalty or dismiss the charges entirely if possible. You shouldn’t have to lose your right to drive because of the refusal of a test and we will do everything we can to make sure your name is cleared.

Talk to an Attorney Today

If you or a loved one were arrested for refusing to submit to a chemical test, then it is crucial that you speak to a skilled defense attorney to guide you through the administrative process, figure out your options, and determine the best course of action to take. 

We want to make the complicated legal process as simple and stress-free as possible so you can overcome this difficult period with your license and driving privileges intact. We pride ourselves on providing excellent communication and making ourselves available to our clients 24/7. You can call or text us anytime with good news, bad news, or any questions.

Call (501) 273-1748 or schedule a free consultation online where we can discuss the details of your case. Jacob Denson proudly represents individuals accused of DWI and drug defense charges throughout Pulaski County.

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Whether you have questions or you’re ready to get started with your defense, our legal team is ready to help. Complete our form below or call us at (501) 273-1748.

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