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Refusing a Breathalyzer Test In Arkansas

The Arkensas court upheld a conviction for DWI in Wortham v. State, 65 Ark. App. 81, 985 S.W.2d 329 (1999), where the defendant smelled of intoxicants, slurred his speech, periodically lost his balance, and weaved in and out of traffic.

The court had also noted that refusal to be tested is admissible evidence on the issue of intoxication. Felgate v. State, 63 Ark. App. 76, 974 S.W.2d 479 (1998).

Evidence to support a conviction, whether direct or circumstantial, must be of sufficient force and character that it will, with reasonable and material certainty and precision, compel a conclusion one way or the other. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).