The law

Northwest Arkansas Democrat-Gazette - - NORTHWEST ARKANSAS - Source: Staff re­port

If a per­son is pulled over on sus­pi­cion of driv­ing while in­tox­i­cated:

■ Po­lice of­fi­cers need prob­a­ble cause to make a traf­fic stop and to ask a per­son to per­form any tests.

■ A po­lice of­fi­cer must have a war­rant to test urine or blood with­out con­sent, even if the per­son is un­con­scious.

■ Breath­a­lyzer tests fall un­der the state’s im­plied con­sent law and a per­son can be charged with fail­ure to com­ply if they refuse.

■ In Arkansas, a sus­pect does not have a right to a lawyer un­til they are ar­rested.

■ A sus­pect has the right to mul­ti­ple tests, but they have to pay for it up front.

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