Local DUI Laws

A DWI (Driving While Intoxicated) charge in Arkansas may feel like a final and irreversible outcome, but it is not uncommon for people to ask whether such charges can ever be dropped. The short answer is yes—DWI charges can be dropped under certain circumstances, but this is relatively rare and depends on multiple factors. From how the arrest was handled to the strength of the evidence, several elements can influence whether prosecutors decide to proceed with or dismiss a case.

In Arkansas, DWI cases are prosecuted based on either a driver’s BAC (blood alcohol concentration) being above the legal limit or on observed signs of impairment. Because of this dual structure, prosecutors often rely on both test results and officer testimony. If a significant problem arises with either of those sources of evidence, the case may be weakened to the point where dismissal becomes an option.

However, it’s important to understand that DWI charges are not dropped simply because a person has no prior offenses or cooperated during the arrest. Arkansas treats impaired driving seriously, and the law gives prosecutors broad authority to pursue charges. Still, certain procedural, evidentiary, or constitutional issues may lead to a charge being dismissed, reduced, or not filed at all.

This article explores the conditions under which DWI charges in Arkansas may be dropped, how the decision is made, and what typically needs to happen for a case to end without a conviction.

Understanding How DWI Charges Are Filed in Arkansas

DWI charges in Arkansas begin with an arrest and are followed by a review from the prosecuting attorney. The officer’s report, chemical test results, field sobriety test performance, and other observations are submitted to the local prosecutor for case evaluation.

At this stage, prosecutors decide whether to file formal charges based on:

• The strength of the evidence
• Whether probable cause existed for the arrest
• The results of chemical or breath tests
• Observations made by the arresting officer

If the prosecutor finds that the evidence meets the threshold for probable cause, a criminal charge is filed and a court date is scheduled. However, if there are problems with the arrest process or missing evidence, the case may be flagged for review, delay, or dismissal.

While officers initiate arrests, only the prosecuting attorney has the authority to formally file or drop charges. This means that even if an officer recommends proceeding, the prosecutor may decline to file if there are legal concerns.

Reasons DWI Charges Might Be Dropped

There are a limited number of circumstances in which DWI charges in Arkansas may be dropped. These generally fall into a few main categories:

1. Insufficient Evidence

If the prosecutor determines that there is not enough reliable evidence to prove the case beyond a reasonable doubt, they may choose to dismiss the charge. This might happen if:

• The BAC test results are unavailable or inconclusive
• Field sobriety test results are missing or poorly documented
• Key witnesses (such as the arresting officer) are unavailable

2. Procedural Errors

If the officer did not follow proper procedures during the arrest or testing process, it may undermine the validity of the case. Examples include:

• Improper administration of field sobriety tests
• No clear probable cause for the traffic stop
• Mishandling of evidence

3. Violation of Rights

If the driver’s constitutional rights were violated—such as an unlawful search, lack of Miranda warnings, or denial of access to counsel—evidence may be excluded, which can result in the case being dropped.

4. Test Refusal Without Additional Evidence

If a driver refused chemical testing and there are no clear signs of impairment beyond that refusal, it may be difficult for the prosecution to proceed without supporting evidence.

In all of these cases, it’s not automatic that charges are dropped, but the situation may lead to further review or negotiations.

What Happens When Charges Are Dropped

If a DWI charge is dropped in Arkansas, it typically happens before the case reaches trial. This can occur:

• Before arraignment (formal charging hearing)
• After initial hearings, when evidence is reviewed
• During pretrial negotiations, where weaknesses are identified

When charges are dropped, the case is closed and no conviction appears on the individual’s criminal record for that offense. However, the arrest record may still exist, which can affect employment or background checks unless it is later sealed or expunged.

In some cases, charges are not fully dropped but may be reduced to a lesser offense such as reckless driving. This is more common in cases where the evidence is borderline or the prosecutor sees a benefit in resolving the case without trial.

It’s also possible for the prosecutor to drop one DWI-related charge while proceeding with another. For example, a drug-based impairment charge may be dropped while an alcohol-based charge moves forward, or vice versa.

The Role of Plea Bargains and Charge Reductions

Sometimes, a DWI charge is not dropped entirely but is negotiated into a plea deal for a lesser offense. This is often seen as a practical resolution when:

• The prosecution has concerns about the strength of the case
• The defense raises valid challenges to the evidence
• The driver has no prior DWI history

Possible outcomes of a plea deal might include:

• Pleading to reckless driving
• Pleading to a traffic violation with alcohol education conditions
• Avoiding jail time in exchange for treatment or community service

Arkansas law does not require prosecutors to offer plea deals, and plea agreements involving DWI charges are generally case-specific. The possibility of a reduced charge depends heavily on the details of the incident and the judgment of the prosecuting attorney.

Even in plea deal situations, the original DWI charge will still appear in the records, but the final outcome will reflect the agreed-upon reduced charge.

Challenges in Getting a DWI Charge Dropped

While it is legally possible for DWI charges to be dropped, it is not easy. Arkansas prosecutors are often reluctant to dismiss these cases without compelling justification. Impaired driving is a public safety issue, and the law is structured to prioritize enforcement.

Common challenges include:

• Strong test results (BAC over 0.08%)
• Clear signs of impairment documented by the officer
• Prior DWI offenses on the driver’s record
• Accidents or injuries involved in the incident

In these situations, prosecutors are more likely to move forward with charges, and courts are less likely to consider diversion programs or dismissals.

The decision to drop a charge is based on legal standards, not personal appeal or negotiation alone. Unless there is a significant flaw in the case, the prosecution will usually proceed.

Difference Between Dropped Charges and Dismissed Cases

Although the terms are often used interchangeably, “dropped charges” and “dismissed cases” refer to slightly different legal outcomes in Arkansas.

• Dropped charges usually occur before charges are formally filed or soon after initial review.
• Dismissed cases occur after charges have been filed, often due to a court ruling or agreement between the parties.

In both situations, the case does not proceed to conviction, but the timing and procedural steps differ. Dismissed cases may involve a court record showing the dismissal, while dropped charges may not result in a court case at all.

FAQ Section

Can a DWI Charge Be Dropped in Arkansas?

Yes. A DWI charge can be dropped if there is insufficient evidence, procedural errors, or constitutional violations during the arrest or investigation.

Who Decides Whether to Drop a DWI Charge?

The decision is made by the prosecuting attorney, not the arresting officer or the defendant.

Will a Dropped DWI Charge Appear on My Record?

The arrest may still appear on background checks, even if the charge is dropped. Expungement may be required to remove it completely.

Can a DWI Be Reduced to a Lesser Charge?

Yes. In some cases, a DWI may be reduced to a lesser charge like reckless driving through plea negotiations.

Do You Have to Go to Court if Charges Are Dropped?

If charges are dropped early, a court appearance may not be required. If they’re dropped later in the process, a court hearing may still take place.

Is It Common for DWI Charges to Be Dropped?

No. DWI charges are typically pursued unless there are major issues with evidence or procedure.

Conclusion

DWI charges in Arkansas can be dropped, but doing so typically requires specific circumstances such as weak evidence, procedural errors, or legal violations during the arrest. While the law allows room for dismissal or reduction, prosecutors are generally inclined to pursue these cases unless a clear issue undermines the strength of the case.

Understanding the distinction between dropped and dismissed charges, the prosecutor’s role, and how plea agreements function can help clarify what options may exist. Every case is different, and outcomes depend heavily on the facts presented.

For a detailed breakdown of the overall legal structure, visit How DUI Laws Work. To explore how charges are reviewed and prosecuted in Arkansas, see How DUI Charges Are Filed and Prosecuted.

Being arrested for DWI (Driving While Intoxicated) in Arkansas marks the beginning of a multi-step legal and administrative process. From the initial traffic stop to the court system and possible license actions, each step is governed by specific procedures. The experience can be confusing for those unfamiliar with how Arkansas handles DWI cases, especially since multiple agencies may be involved—from local law enforcement to the Arkansas Department of Finance and Administration (DFA).

Contrary to what many believe, a DWI arrest in Arkansas does not automatically lead to a conviction. However, the arrest itself sets off a chain of events that includes administrative license consequences, potential court appearances, and formal case filings. These events may unfold in parallel, meaning a person could be dealing with both the legal system and the DMV process at the same time.

Understanding what happens after a DWI arrest in Arkansas is important for anyone trying to navigate the system or simply understand how state-level DWI laws are enforced. While every case is different, the post-arrest process generally follows a consistent structure from arrest through adjudication.

This article provides a step-by-step explanation of what typically happens after a DWI arrest in Arkansas, including how charges are processed and what systems come into play.

Immediate Actions at the Time of Arrest

When a driver is arrested for DWI in Arkansas, law enforcement takes immediate steps to begin the processing phase. These include the physical arrest, vehicle handling, and initiation of paperwork that will later be used in administrative or legal proceedings.

Standard post-arrest procedures may involve:

• Handcuffing and transporting the driver to a local detention facility
• Conducting chemical testing, such as a breath or blood test
• Issuing citations or booking documents that specify the charges
• Towing or impounding the vehicle, depending on the circumstances

The arresting officer documents their observations, the results of field sobriety or chemical tests, and any statements made during the stop. This information forms the basis for both the criminal case and the administrative license review.

In some cases, the arrested individual may be held for a short period before being released on bond or citation. In others, especially those involving prior offenses or other violations, detention may be longer.

Regardless of whether the person is released the same day, the arrest sets off both a criminal process (through the courts) and an administrative process (through the DFA or Office of Driver Services).

Administrative License Consequences

One of the first consequences following a DWI arrest in Arkansas is the administrative review of the driver’s license. This process is separate from any court proceedings and is handled by the Arkansas Department of Finance and Administration (DFA).

If the driver:

• Refused to take a chemical test, or
• Tested at or above the legal BAC limit (0.08% for most drivers),

…the DFA may move to suspend or revoke the individual’s driver’s license.

The driver is typically issued a temporary driving permit at the time of arrest, which is valid for a short period (usually 30 days). During this time, the individual may request a hearing to contest the suspension.

Key features of this administrative process include:

• Short deadlines for requesting a hearing
• Limited scope, focusing only on the test results or refusal
• Independent outcome, separate from the court case

This means that a driver could lose their license through the administrative process even if their criminal case is later dismissed or results in a not guilty verdict.

Filing of Formal Charges in Court

After the arrest, the prosecuting attorney reviews the officer’s report and supporting evidence to determine what charges to file. In Arkansas, DWI can be charged as either a misdemeanor or, in more severe cases, a felony—depending on factors such as prior offenses or whether there was an accident involved.

Once charges are filed, the driver will receive a formal notice of court dates and expectations. In most cases, the first appearance is an arraignment, where the individual is formally notified of the charges and may enter a plea.

The prosecution must prove one or both of the following to move forward:

• That the driver had a BAC at or above the legal limit, or
• That the driver was impaired based on observed behavior, regardless of BAC

If the case proceeds beyond arraignment, it may involve further hearings, plea negotiations, or a trial. The process varies depending on the court and county but follows the general structure of Arkansas’s criminal justice system.

Court Appearances and Legal Process

Court appearances after a DWI arrest typically begin with the arraignment, followed by pretrial proceedings. During this time, both the prosecution and defense may present motions, negotiate resolutions, or prepare for trial.

Key stages include:

• Arraignment – Formal reading of charges and plea entry
• Pretrial motions – Requests to exclude evidence or clarify issues
• Plea negotiations – Discussion of possible resolutions without trial
• Trial – If no agreement is reached, the case may proceed to trial

Most first-time DWI cases in Arkansas are handled as misdemeanors and may be resolved without going to trial. However, repeat offenses or aggravating factors may increase the severity of the proceedings.

The legal process can take weeks or months, depending on court scheduling and the complexity of the case. Throughout this time, the driver may be dealing with both legal and administrative issues simultaneously.

Possible Outcomes and Penalties

The outcome of a DWI case in Arkansas depends on the facts of the case and how the legal process unfolds. Outcomes can include:

• Dismissal of charges (due to lack of evidence or procedural issues)
• Guilty plea or conviction
• Diversion programs (in limited circumstances)

If the driver is found guilty or pleads guilty, penalties may include:

• Fines
• Jail time (even for first offenses)
• Mandatory education or treatment programs
• License suspension or revocation
• Probation
• Installation of an ignition interlock device (IID)

The penalties increase with each subsequent offense. For example, a second DWI within five years carries harsher penalties than a first offense. Additional penalties may apply if the incident involved a crash, minor passenger, or refusal to submit to testing.

Reinstatement and Long-Term Impacts

After the case is resolved, drivers may be required to complete certain steps to regain their driving privileges. The reinstatement process often involves:

• Paying reinstatement fees
• Providing proof of insurance (SR-22)
• Completing any court-ordered treatment or education
• Installing an IID, if required

The administrative and legal penalties may overlap or occur in sequence, meaning that some individuals must address both before regaining full driving privileges.

Long-term impacts of a DWI arrest can include:

• Increased insurance premiums
• A permanent mark on the driving record
• Employment challenges, especially for jobs requiring a clean driving history
• Restrictions on commercial driver’s licenses (CDLs)

Even a single DWI arrest, regardless of the outcome, can lead to ongoing challenges beyond the courtroom.

FAQ Section

Do You Automatically Lose Your License After a DWI Arrest in Arkansas?

Not automatically, but a license suspension may begin shortly after the arrest if the driver refused testing or had a BAC above the legal limit. A hearing can be requested to contest it.

How Long Do You Have to Request a Hearing?

You generally have seven days from the arrest date to request a hearing with the Arkansas Office of Driver Services to challenge the administrative suspension.

Can You Be Charged With DWI Without a BAC Test?

Yes. Arkansas allows DWI charges based on observed impairment, even if no chemical test was taken or the BAC is below 0.08%.

What Is an Arraignment?

An arraignment is the first court appearance where the driver is formally informed of the charges and can enter a plea of guilty, not guilty, or no contest.

What Are Common Penalties for a First-Time DWI?

Penalties may include fines, jail time, license suspension, community service, and participation in alcohol education programs.

Is a DWI in Arkansas a Misdemeanor or Felony?

A first or second offense is typically a misdemeanor, but third or subsequent offenses, or those involving serious harm, may be classified as felonies.

Conclusion

A DWI arrest in Arkansas initiates a structured legal and administrative process that begins at the roadside and continues through multiple systems. The process includes potential license suspension, formal court proceedings, and long-term consequences that may extend well beyond the initial arrest.

Understanding the steps—from the initial detention to the possibility of court hearings, fines, or mandatory programs—can help clarify what to expect after a DWI charge. Each case follows a general path but may differ based on the driver’s history, behavior during the stop, and legal strategy.

To better understand the foundation of these procedures, visit How DUI Laws Work. For more details about the filing and prosecution process in Arkansas, see How DUI Charges Are Filed and Prosecuted.

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:

1. Per se intoxication, based on BAC levels at or above the legal limit
2. 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.

In Arkansas, law enforcement officers rely on a combination of observation, field assessments, and chemical testing to determine whether a driver may be operating a vehicle while impaired. The process that leads to a DWI (Driving While Intoxicated) arrest is not based on a single factor, but rather on a sequence of triggers that may occur during a routine traffic stop or unexpected roadside encounter.

Understanding what specifically leads to a DWI arrest in Arkansas is important for both residents and visitors. These triggers include signs of impaired driving, failure to comply with officer instructions, physical symptoms of intoxication, and BAC (blood alcohol concentration) levels that exceed the legal limit. While a BAC of 0.08% is commonly cited as the threshold for intoxication among adult drivers, a driver can still be arrested and charged with DWI even if their BAC is below that level—especially if the officer observes signs of impairment or erratic behavior.

Arkansas law allows law enforcement a degree of discretion in evaluating whether a driver is impaired. This means that the arrest process begins with how the officer interprets the driver’s behavior, both behind the wheel and during face-to-face interaction. From that point, the situation can escalate based on field sobriety tests, chemical testing, and the driver’s own actions.

This article explores the common circumstances and indicators that lead to a DWI arrest in Arkansas, providing a neutral and informative overview of the process.

Observed Driving Behavior That May Trigger a DWI Stop

A DWI arrest in Arkansas often begins with a traffic stop initiated by law enforcement due to suspicious or dangerous driving behavior. Officers are trained to recognize specific patterns of behavior that suggest impairment, even before interacting with the driver.

Common driving behaviors that may lead to a stop include:

• Weaving or drifting between lanes
• Driving significantly under the speed limit
• Frequent or abrupt braking
• Failure to signal turns or lane changes
• Ignoring traffic signals or signs
• Driving without headlights at night

These behaviors do not automatically prove intoxication, but they give officers legal grounds to initiate a stop and investigate further. Once a stop occurs, the officer evaluates whether there is reasonable suspicion to proceed with a DWI investigation.

Importantly, a driver does not need to be involved in an accident to be stopped or arrested. Many DWI arrests in Arkansas begin with minor traffic infractions that, upon further investigation, reveal signs of impairment.

Interactions With Law Enforcement During the Stop

After initiating a stop, the officer’s initial interaction with the driver plays a critical role in determining whether a DWI investigation will proceed. Law enforcement officers assess the driver’s behavior, appearance, and responses to questions during this stage.

Key things officers look for include:

• Slurred speech
• Confused or delayed responses
• Bloodshot or watery eyes
• Smell of alcohol or drugs
• Open containers in the vehicle
• Unusual or erratic movements

These signs, when observed together or in combination with poor driving behavior, can raise suspicion of impairment. Officers may also ask questions about where the driver is coming from, whether they have been drinking, or if they’ve taken any medication. While drivers have the right to remain silent, their responses—or lack thereof—can influence the officer’s assessment.

If the officer suspects impairment, they may proceed to the next phase: field sobriety testing or requesting a chemical test. This step marks the transition from a routine traffic stop to a formal DWI investigation.

Field Sobriety Tests as a Basis for DWI Arrest

Field sobriety tests (FSTs) are commonly used in Arkansas to evaluate a driver’s level of impairment. These tests are physical and mental tasks administered roadside and are intended to assess coordination, balance, and cognitive function.

Standardized field sobriety tests include:

• Horizontal Gaze Nystagmus (HGN): Tracking eye movement
• Walk-and-Turn: Walking heel-to-toe in a straight line
• One-Leg Stand: Balancing on one foot for a period of time

These tests are voluntary, but officers often use a driver’s performance to build probable cause for a DWI arrest. Poor performance on these tests, combined with other indicators, may lead the officer to believe the driver is impaired.

It’s important to understand that a driver may be arrested even without taking or failing a field sobriety test, especially if other signs point to intoxication or if the officer believes there is probable cause based on observed behavior.

BAC Testing and Legal Thresholds in Arkansas

In Arkansas, chemical testing is used to determine a driver’s blood alcohol concentration (BAC). A BAC of 0.08% or higher is the legal limit for adult, non-commercial drivers. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, the limit is 0.02% under Arkansas’s zero tolerance policy.

Testing can be conducted using:

• Breath tests
• Blood tests
• Urine tests (less common)

Arkansas follows implied consent laws, meaning that by operating a vehicle, drivers agree to submit to BAC testing when lawfully requested. Refusal to take the test can lead to automatic license suspension and may still result in arrest.

A high BAC result almost always leads to arrest, but drivers with a lower BAC may still be arrested if other evidence of impairment exists. For example, a driver with a BAC of 0.06% who shows signs of impaired judgment or coordination may still be charged with DWI if the officer believes they are not safe to drive.

Driver Responses That May Escalate to Arrest

How a driver behaves during a traffic stop can significantly influence the outcome. Certain actions may escalate the situation and increase the likelihood of a DWI arrest.

These include:

• Refusing to cooperate with instructions
• Arguing with the officer
• Fumbling for documents or appearing disoriented
• Attempting to flee or drive away
• Refusing a lawful request for testing

Even if a driver is under the legal BAC limit, behavior that raises safety concerns or suggests intoxication may justify an arrest. Officers are trained to assess the totality of the circumstances, not just one factor.

Remaining calm, cooperative, and respectful during the stop can help de-escalate the situation. However, compliance alone does not guarantee a driver will avoid arrest if other signs of impairment are present.

Arrest Procedure and What Happens Next

If the officer determines there is probable cause for DWI, they will initiate an arrest. This typically involves:

• Informing the driver they are under arrest
• Handcuffing and searching the individual
• Transporting the driver to a detention facility
• Conducting further BAC testing, if not already completed

Once arrested, the driver may be held temporarily and later released on bond or citation, depending on the circumstances. The arrest may trigger both administrative and criminal proceedings, including license suspension hearings and court appearances.

Arkansas separates the administrative license process from the criminal court process. This means a driver could lose their license even if they are not ultimately convicted, depending on the results of BAC testing or refusal.

The arrest also becomes part of the individual’s driving record, which may have implications for insurance, employment, or future interactions with law enforcement.

FAQ Section

What Is the Legal BAC Limit for a DWI Arrest in Arkansas?

For adult drivers, the legal BAC limit is 0.08%. However, drivers can still be arrested below that level if they show signs of impairment.

Can You Be Arrested Without Failing a Breath Test?

Yes. If an officer observes signs of impairment or the driver performs poorly on field sobriety tests, they may still arrest the driver even with a BAC below the legal limit.

What Happens If You Refuse a Breath or Blood Test?

Refusal results in automatic license suspension under Arkansas’s implied consent laws and may still lead to arrest based on other evidence.

Are Field Sobriety Tests Required?

No. Field sobriety tests are voluntary, but refusing may influence the officer’s decision to arrest if other indicators are present.

Can Poor Driving Alone Trigger a DWI Arrest?

Poor driving behavior can lead to a traffic stop, but an arrest typically requires additional signs of impairment or a failed test.

What If You’re Under 21 With Any BAC?

Drivers under 21 can face administrative penalties with a BAC of 0.02% or higher under Arkansas’s zero tolerance rules, even without full impairment.

Conclusion

A DWI arrest in Arkansas is typically triggered by a combination of observable behavior, interactions during a traffic stop, field sobriety test performance, and BAC testing results. While a BAC of 0.08% is the standard legal limit for adult drivers, officers have the authority to arrest individuals based on a range of evidence pointing to impairment.

From the moment a vehicle is stopped, law enforcement evaluates the totality of the situation—including how the driver speaks, acts, and responds. Field sobriety and chemical tests further support the officer’s decision. Even drivers who believe they are under the legal limit may face arrest if their behavior raises safety concerns.

To better understand how the DWI arrest process works in Arkansas, visit the How DUI Laws Work page. For a closer look at what officers evaluate during a stop, read What Triggers a DUI Arrest During a Traffic Stop.