Arkansas Is a 'No Refusal' State

ARKANSAS– Drinking and driving don’t mix and neither does drinking and boating. With the busy and celebratory weekend ahead, law enforcement will be out on full alert.

“They can forcibly hold you down and take a blood test from you. They can actually take a urine test from you against your will,” Attorney Doug Norwood, said.

A ruling by the Arkansas Supreme Court, last month, found sobriety tests could be given after a search warrant is issued by a Judge.

“It sounds crazy, but they can actually go that far if they want to,” Norwood said.

This, regardless if a person refuses.

“They’re going to have to get a Judge up in the middle of the night, a lot of times at two or three o’clock in the morning, get a Judge to issue a search warrant,” Norwood said.

Sergeant Rusty Johnson with the Arkansas Game and Fish says Benton County Sheriff’s Deputies will be in full force on Beaver Lake, for the Fourth of July holiday.

“It’s already hard to navigate after dark, with a lot of other boats. There’s not white and yellow lines on the lake. You have to exercise a lot of common sense, and a lot of good judgment. If you’re impaired, it’s gonna be that much harder,” Sgt. Johnson said.

Sergeant Johnson says thousands celebrators will be on the lake, this weekend, calling for an added focus to prevent alcohol and drug-related accidents.

Attorney Doug Norwood says the “no refusal” invades a person’s privacy.

“There’s a lot of DNA implications of that kind of stuff and people don’t wanna show up on DNA databases, even if they’re just totally innocent people. A lot of people don’t like that. They’ll give a breath test, but a blood test is a totally different thing,” Norwood said.

Source: KNWA-TV and FOX24 News, 2015