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In Arkansas, many people assume that a DWI (Driving While Intoxicated) arrest only happens if a breath test shows a blood alcohol concentration (BAC) at or above the legal limit. While breath test results are an important part of alcohol-related enforcement, they are not the sole factor that determines whether an arrest can occur. Arkansas law allows law enforcement officers to rely on a broader range of observations and evidence when deciding whether a driver is impaired.
A breath test is just one tool used during a traffic stop. In practice, many DWI arrests in Arkansas occur before a breath test is administered or even when no breath test result is available at the roadside. Officers are trained to assess driving behavior, physical indicators, and a driver’s ability to safely operate a vehicle. If these factors suggest impairment, an arrest may be made regardless of whether a breath test is failed, refused, or produces a result below 0.08%.
Arkansas DWI laws are built around the concept of impairment, not just a number. While a BAC of 0.08% creates a legal presumption of intoxication for adult drivers, the law does not require a failed breath test to establish probable cause. This is especially relevant in situations involving suspected drug impairment, refusal of chemical testing, or visible signs of alcohol-related impairment that are not captured by a single breath reading.
This article explains how and why a DWI arrest can occur in Arkansas without a failed breath test, what other evidence officers rely on, and how breath testing fits into the overall DWI process.
How Arkansas Defines a DWI Arrest
In Arkansas, a DWI arrest is based on whether a law enforcement officer has probable cause to believe that a driver is operating a vehicle while intoxicated or impaired. Probable cause does not depend on any one piece of evidence. Instead, it is formed by evaluating the totality of the circumstances during a traffic stop.
The state recognizes two primary ways intoxication can be established:
- Per se intoxication, based on BAC levels at or above the legal limit
- Impairment-based intoxication, based on observed inability to safely operate a vehicle
Under the per se standard, a breath or blood test showing a BAC of 0.08% or higher for adult drivers is enough on its own to support a DWI charge. However, under the impairment-based standard, a driver may be arrested even if no chemical test result is available or if the BAC is below 0.08%.
This distinction is important because it means breath test results are not required for an arrest. If an officer observes driving behavior or physical signs that indicate impairment, those observations can support probable cause under Arkansas law.
Situations Where No Breath Test Is Failed
There are several common scenarios in Arkansas where a DWI arrest may occur without a failed breath test. These situations are not unusual and are accounted for within the state’s legal framework.
One example is when a driver refuses to take a breath test. Arkansas follows implied consent laws, meaning drivers agree to chemical testing by operating a vehicle. Refusal does not prevent arrest. Instead, it often leads to administrative penalties and may still result in a DWI arrest based on other evidence.
Another scenario involves medical or technical issues. A breath test may be unavailable due to equipment malfunction, medical conditions, or inability to provide a valid sample. In these cases, officers rely on observations, field sobriety tests, and other indicators.
Additionally, a driver may submit to a breath test that shows a BAC below 0.08%, but still be arrested if the officer believes impairment is present. This can happen when alcohol combines with prescription medication, over-the-counter drugs, or fatigue, affecting driving ability without producing a high BAC reading.
Observations That Can Lead to a DWI Arrest
During a traffic stop, officers are trained to look for specific indicators of impairment. These observations often form the foundation of a DWI arrest, even in the absence of a failed breath test.
Common observational factors include:
- Erratic or unsafe driving behavior
- Difficulty following instructions
- Slurred or slowed speech
- Bloodshot or watery eyes
- Odor of alcohol or other substances
- Poor coordination or balance
These indicators are evaluated collectively, not in isolation. An officer does not need to observe every sign listed above. Even a few consistent indicators, combined with unsafe driving behavior, may be enough to establish probable cause.
Importantly, these observations begin before any chemical testing occurs. The driving behavior that led to the traffic stop often plays a critical role in the officer’s decision-making process.
The Role of Field Sobriety Tests
Field sobriety tests are another key factor in DWI arrests in Arkansas. These roadside tests are designed to assess balance, coordination, attention, and the ability to follow instructions.
The most commonly used standardized field sobriety tests include:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn
- One-Leg Stand
Performance on these tests is used to help officers determine whether impairment may be present. Poor performance can contribute to probable cause, even if a breath test later shows a BAC below the legal limit or is not administered at all.
It is important to note that field sobriety tests are voluntary in Arkansas. However, declining to participate does not prevent an arrest. Officers may still rely on other observations to support their decision.
Field sobriety tests are subjective by nature, which is why they are considered alongside other evidence rather than on their own.
Breath Tests Versus Chemical Evidence
Breath tests are a common and efficient method for estimating BAC, but they are not the only form of chemical evidence used in Arkansas DWI cases. Blood and urine tests may also be used, particularly when breath testing is unavailable or inappropriate.
A failed breath test provides strong evidence under the per se intoxication standard, but its absence does not invalidate other forms of evidence. Arkansas law allows chemical testing to occur after arrest, meaning the arrest decision may come before any BAC result is known.
This is why a driver can be arrested first and tested later. The arrest is based on probable cause, while the test result becomes part of the evidence used in administrative or court proceedings.
In cases involving suspected drug impairment, breath tests may not be effective at all. Alcohol-focused breath testing cannot measure the presence or effect of many drugs, making observational evidence especially important in those situations.
Drug-Related Impairment and DWI Arrests
Arkansas DWI laws apply not only to alcohol but also to drugs, including prescription medications and illegal substances. In drug-related cases, a breath test may show little or no alcohol, yet impairment may still be present.
When drug impairment is suspected, officers rely heavily on:
- Driving behavior
- Physical symptoms
- Statements made by the driver
- Field sobriety test performance
In some cases, a Drug Recognition Expert (DRE) may be involved to help identify signs of drug-related impairment. Blood or urine testing may be requested after arrest to support the investigation.
Because breath tests do not detect most drugs, a failed breath test is not expected or required in these cases. Arrest decisions are based on the officer’s assessment of the driver’s ability to operate a vehicle safely.
Refusal to Take a Breath Test in Arkansas
Refusing a breath test in Arkansas does not prevent a DWI arrest. In fact, refusal often leads to additional consequences under implied consent laws.
When a driver refuses chemical testing:
- The officer may proceed with an arrest based on observations
- An administrative license suspension may be initiated
- The refusal itself becomes part of the official record
Arkansas treats refusal as a separate administrative issue from the criminal DWI process. This means a driver can face license consequences even if a court case has not yet occurred or does not result in a conviction.
From an enforcement standpoint, refusal removes one piece of evidence but does not eliminate others. Officers are trained to document observations carefully in these situations.
FAQ Section
Can You Be Arrested for DWI Without Failing a Breath Test in Arkansas?
Yes. A DWI arrest can occur based on observed impairment, field sobriety test performance, or other evidence, even if no breath test is failed.
Is a Breath Test Required Before a DWI Arrest?
No. Arkansas law allows officers to make an arrest based on probable cause before any chemical testing is completed.
What If My BAC Is Below 0.08%?
A BAC below 0.08% does not automatically prevent arrest. If impairment is observed, an officer may still determine that a DWI arrest is appropriate.
Can You Be Arrested If You Refuse a Breath Test?
Yes. Refusal does not stop an arrest and may result in administrative license penalties under implied consent laws.
Do Field Sobriety Tests Matter If There’s No Breath Test?
Yes. Field sobriety tests are commonly used as part of the probable cause determination and can support an arrest.
Are Breath Tests Used in Drug-Related DWI Cases?
Breath tests may be used, but they are often not helpful in drug-related cases. Arrests in those situations rely more on observation and other testing methods.
Conclusion
In Arkansas, a failed breath test is not required for a DWI arrest. While breath testing is an important tool for measuring BAC, Arkansas law focuses on impairment as a whole rather than relying on a single number. Officers are permitted to arrest drivers based on driving behavior, physical indicators, field sobriety tests, and the totality of the circumstances observed during a traffic stop.
This approach allows law enforcement to address a wide range of impaired driving situations, including those involving drugs, mixed substances, or refusal of testing. Understanding that breath tests are only one part of the process helps clarify why some arrests occur even without a BAC result at or above the legal limit.
For a broader explanation of how impairment laws are structured, visit How DUI Laws Work. To explore the specific roadside factors officers consider, see What Triggers a DUI Arrest During a Traffic Stop.