Anyone who operates a motor vehicle or boat in Arkansas is bound by the state’s implied consent law. The law states that the operator must provide a breath, saliva or urine sample if there is reason to believe that he or she is under the influence of alcohol.
Tests can be used to detect alcohol or drugs
Authorities have the right to engage in chemical testing if there is reason to believe that an offense was committed while a person was under the influence of drugs or alcohol. Testing may also be done in the aftermath of a car or boat accident if there is reason to believe that the operator of that vehicle or craft is impaired. It’s important to note that a person can be subject to DUI chemical testing even if he or she is dead or otherwise unconscious.
A warrant is needed to conduct a blood draw
Police officers may take a blood sample from an individual believed to operate a car or boat while intoxicated. However, a warrant will need to be obtained showing that there is probable cause to believe that operator impairment played a role in an accident or some other traffic offense.
If you are charged with DUI, you may face a variety of penalties such as jail time, a fine or a license suspension. If you violate the state’s implied consent laws, you may face a license suspension or other penalties even if you are acquitted of the DUI charge. It may be possible to cast doubt on the results of a chemical test or other evidence introduced in your case in an effort to obtain an acquittal or a favorable plea deal.