Bomjeito

One thing well taught in the USA is that ignorance of the law is the citizen's fault.

However, if the cops were assisting the OP to get the bike off of him, wouldn't there be at least helpful chatter? Then once the bike was off, they must have smelled alcohol, otherwise they'd have not asked for a breathalyzer. Anyhow, I'd have seen the cops telling him the ramifications for refusal, so I'm surprised they didn't.

I once was pulled over in upstate NY driving an older VW with NV plates and a Texas licence, which I did not even have in my possession (which I told him the minute I spoke to him). It was a late Friday night. I pulled down the window, and he put his head really close to my face. He asked, "where have you been and where are you going?" I was going not more than another mile to my brother's house. He said, "You were weaving so be careful from here. Bye."

Shock. Not even an ask of the registration, or my name. He was merely smelling for alcohol or pot.

The federal government (with pressure from citizen groups) have truly pressured the states into making drink drive serious business. Federal funds are often withheld to pressure states....so even though we aren't as tough as Canada in this DUI/DWI stuff, its getting tougher all around.

So back to my initial wondering - to the OP, didn't the officers talk to you normally and indicate that refusal was an offense in Arkansas? Would that have changed your mind to submit as you are certain you'd only had 2 pints throughout the night?

I'm sure in Arkansas, like here in Texas and in NYS, if they smell it on you, they must request a breathalyzer and investigate. Seems that they'd have told you the 'what next' parts too, or at least SOMEONE.....

I'm asking these things as you would want to see legal advice on this one. These things stay on your record forever these days! And it cascades....you'll have a hard time with bike insurance now....and any DUI/DWI (at least in NYS) from boating, snowmobiles, motorcycle, car...it attaches itself to your driver's licence in no time. Insurances will increase for years. Canada doesn't allow entry for DWI convictions as well (not like you are near Canada, but this is well known in upstate NY.)

Tegwyn

Unlike Canada, you should be able to apply to have your record expunged after 7 years. That also means zero tickets for any driving offenses. You can apply to the courts at your own expense which covers a background check to ensure you qualify for the application.

Michael

Usually driving offenses remain on your record from 3-10 years depending on the violation and the state law.

http://www.carinsurance.com/Articles/content255.aspx

Uncle Ebenezer

But once the insurance company have it on their books, it doesn't disappear, does it?

SultanOfSwing

I wouldn't think so, no.

Our insurance company tried to increase our premium because they somehow gained access to a couple of tickets I had taken (and paid for) supervision on to keep off my driving record. We got them to wise up, of course, since if a peeler ran my license it would come back clean but they were still somehow able to see the offences, both of which were two years old at the time.

Michael

It goes off the state records and insurance companies don't share information. Also many states have laws that doesn't allow insurance companies to go back further than a certain number of years to determine insurance premium costs (typically 3 years for most offenses and accidents).

Unfortunately that also means that you normally do not get an additional good driver discount for having a clean driving record for 10-30 years and even with a very good record, you could possibly have your insurance cancelled after only one accident or offense.

Chugabug

Thanks to everyone for their advice and comments, yes, even Ray. I posted this to get an unbiased idea of how this situation looked and I now can see it doesn't look good for me. I know I will never risk even a single pint while riding in the future. Hopefully a few people will read this and at least think, what a tosser, I'd never do that. Don't end up in this mess. Thanks again.

Tegwyn

There are two records kept with this offense. One is with the DMV and the other a criminal record as a DUI is considered a criminal offense. The penalties and records from the DMV are different from the court ordered one. He will face separate penalties from the courts if he is found guilty. This is the one that can be removed after 7 years.

kimilseung

Why do you say that? the drinking wasn't the problem.