Substantial compliance with the statutory provision about the advice that must be given is all that is required, Hegler v. State, 286 Ark. 215, 691 S.W.2d 129 (1985), and the officer must provide only such assistance in obtaining an additional test as is reasonable under the circumstances presented. Williford v. State, 284 Ark. 449, 683 S.W.2d 228 (1985); Fiegel v. City of Cabot, 27 Ark.App. 146, 767 S.W.2d 539 (1989). Whether the assistance provided was reasonable under the circumstances is ordinarily a question of fact for the circuit court to decide.
Substantial compliance with the statutory provision about the advice that must be given is all that is required, Hegler v. State, 286 Ark. 215, 691 S.W.2d 129 (1985), and the officer must provide only such assistance in obtaining an additional test as is reasonable — under the circumstances presented. Williford v. State, 284 Ark. 449, 683 S.W.2d 228 (1985); Fiegel v. City of Cabot, 27 Ark. App. 146, 767 S.W.2d 539 (1989). Whether the assistance provided was reasonable under the circumstances is ordinarily a fact question for the trial court to decide.
Whether the assistance provided was reasonable under the circumstances is ordinarily a fact question for the trial court to decide. Girdner v. State, 285 Ark. 70, 684 S.W.2d 808 (1985); Fiegel v. City of Cabot, 27 Ark. App. 146, 767 S.W.2d 539 (1989). It is for the trial court to weigh the evidence and resolve the credibility of the witnesses.
The test results from a breathalyzer may be admitted into evidence if there was substantial compliance with the statute. Fiegel v. City of Cabot, 27 Ark. App. 146, 767 S.W.2d 539 (1989). The officer must provide only such assistance for additional testing as is reasonable at the place and time of the particular case.