Arkansas Penal Code – Title 5, Chapter 65
5-65-101. Omnibus DWI Act — Application.
This act shall be known as the “Omnibus DWI
Act”.
History. Acts 1983, No. 549, § 1; A.S.A. 1947, § 75-2501; 2007,
No. 214, § 1.
5-65-102. Definitions.
As used in this act:
(1)(A) “Controlled substance” means a drug, substance,
or immediate precursor in Schedules I
through VI.
(B) The fact that any person charged with a
violation of this act is or has been entitled to use
that drug or controlled substance under the laws
of this state does not constitute a defense against
any charge of violating this act;
(2) “Intoxicated” means influenced or affected by
the ingestion of alcohol, a controlled substance, any
intoxicant, or any combination of alcohol, a controlled
substance, or an intoxicant, to such a degree
that the driver’s reactions, motor skills, andjudgment
are substantially altered and the driver, therefore,
constitutes a clear and substantial danger of
physical injury or death to himself and other motorists
or pedestrians;
(3) “Sworn report” means a signed and written
statement of a certified law enforcement officer,
under penalty of perjury, on a form provided by the
Director of the Department of Finance and Administration;
and
(4) “Victim impact statement” means a voluntary
written or oral statement of a victim, or relative of a
victim, who has sustained serious injury due to a
violation of this act.
History. Acts 1983, No. 549, § 2; A.S.A. 1947, § 75-2502; Acts
1987, No. 765, § 1; 1997, No. 1325, § 1.
5-65-103. Unlawful acts.
(a) It is unlawful and punishable as provided in
this act for any person who is intoxicated to operate
or be in actual physical control of a motor vehicle.
(b) It is unlawful and punishable as provided in
this act for any person to operate or be in actual
physical control of a motor vehicle if at that time the
alcohol concentration in the person’s breath or blood
was eight-hundredths (0.08) or more based upon the
definition of breath, blood, and urine concentration
in § 5-65-204.
History. Acts 1983, No. 549, § 3; A.S.A. 1947, § 75-2503; Acts
2001, No. 561, § 2.
5-65-104. Seizure, suspension, and revocation
of license — Temporary permits — Ignition
interlock restricted license.
(a)(1) At the time of arrest for operating or being
in actual physical control of a motor vehicle while
intoxicated or while there was an alcohol concentration
of eight hundredths (0.08) or more in the
person’s breath or blood, as provided in § 5-65-103,
the arrested person shall immediately surrender his
or her license, permit, or other evidence of driving
privilege to the arresting law enforcement officer as
provided in § 5-65-402.
(2) The Office of Driver Services or its designated
official shall suspend or revoke the driving privilege
of an arrested person or shall suspend any nonresident
driving privilege of an arrested person, as
provided in § 5-65-402. The suspension or revocation
shall be based on the number of previous
offenses as follows:
(A) Suspension for:
(i)(a) Six (6) months for the first offense of
operating or being in actual physical control of a
motor vehicle while intoxicated or while there was
an alcohol concentration of at least eight hundredths
(0.08) by weight of alcohol in the person’s
blood or breath, § 5-65-103.
(b) If the Office of Driver Services allows the
issuance of an ignition interlock restricted license
under § 5-65-118, the ignition interlock restricted
license shall be available immediately.
(c) The restricted driving permit under § 5-65-
120 is not allowed for a suspension under this
subdivision (a)(2)(A)(i); and
(ii)(a) Suspension for six (6) months for the first
offense of operating or being in actual physical
control of a motor vehicle while intoxicated by the
ingestion of or by the use of a controlled substance.
(b) The ignition interlock restricted license provision
of § 5-65-118 does not apply to a suspension
under subdivision (a)(2)(A)(ii)(a) of this section;
(B)(i) Suspension for twenty-four (24) months
for a second offense of operating or being in actual
physical control of a motor vehicle while intoxicated
or while there was an alcohol concentration
of eight hundredths (0.08) or more by weight of
alcohol in the person’s blood or breath, § 5-65-
103, within five (5) years of the first offense.
(ii) However, if the office allows the issuance of
an ignition interlock restricted license under § 5-
65-118, the suspension period for which no restricted
license is available is a minimum of forty-
five (45) days, followed by restricted driving
privileges to allow driving in any and all of the
following situations:
(a) To and from his or her employment;
(b) To and from an educational institution for
the purpose of attending class at the educational
institution;
(c) To and from an alcohol safety education and
treatment course for drunk drivers; or
(d) To and from an ignition interlock service.
(iii) The ignition interlock restricted license
provision of § 5-65-118 does not apply to the
suspension under subdivisions (a)(2)(B)(i) and (ii)
of this section if the person is arrested for an
offense of operating or being in actual physical
control of a motor vehicle while intoxicated by the
ingestion of or by the use of a controlled substance;
(C)(i) Suspension for thirty (30) months for the
third offense of operating or being in actual physical
control of a motor vehicle while intoxicated or
while there was an alcohol concentration of eight
hundredths (0.08) or more by weight of alcohol in
the person’s blood or breath, § 5-65-103, within
five (5) years of the first offense.
(ii) However, if the office allows the issuance of
an ignition interlock restricted license under § 5-
65-118, the suspension period for which no restricted
license is available is a minimum of forty-
five (45) days, followed by restricted driving
privileges to allow driving in any and all of the
following situations:
(a) To and from his or her employment;
(b) To and from an educational institution for
the purpose of attending class at the education
institution;
(c) To and from an alcohol safety education and
treatment course for drunk drivers; or
(d) To and from an ignition interlock service.
(iii) The ignition interlock restricted license
provision of § 5-65-118 does not apply to the
suspension under subdivisions (a)(2)(C)(i) and (ii)
if the person is arrested for an offense of operating
or being in actual physical control of a motor
vehicle while intoxicated by the ingestion of or by
the use of a controlled substance; and
(D) Revocation for four (4) years, during which
no restricted permits may be issued, for the fourth
or subsequent offense of operating or being in
actual physical control of a motor vehicle while
intoxicated or while there was an alcohol concentration
of eight hundredths (0.08) or more by
weight of alcohol in the person’s blood or breath,
§ 5-65-103, within five (5) years of the first offense.
(3) If a person is a resident who is convicted of
driving without a license or permit to operate a
motor vehicle and the underlying basis for the
suspension, revocation, or restriction of the license
was for a violation of § 5-65-103, in addition to any
other penalties provided for under law, the office
may restrict the offender to only an ignition interlock
restricted license for a period of one (1) year
prior to the reinstatement or reissuance of a license
or permit after the person would otherwise be eligible
for reinstatement or reissuance of the person’s
license.
(4) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested person’s driving privileges, the office
shall consider as a previous offense any of the
following that occurred within the five (5) years
immediately before the current offense:
(A) Any conviction for an offense of operating or
being in actual physical control of a motor vehicle
while intoxicated or while there was an alcohol
concentration of eight hundredths (0.08) or more
in the person’s breath or blood, including a violation
of § 5-10-105(a)(1)(A) or (B), that occurred:
(i) In Arkansas; or
(ii) In another state;
(B) Any suspension or revocation of driving
privileges for an arrest for operating or being in
actual physical control of a motor vehicle while
intoxicated or while there was an alcohol concentration
of eight hundredths (0.08) or more in the
person’s breath or blood under § 5-65-103 when
the person was not subsequently acquitted of the
criminal charges; or
(C) Any conviction under § 5-76-102 for an
offense of operating a motorboat on the waters of
this state while intoxicated or while there was an
alcohol concentration in the person’s breath or
blood of eight hundredths (0.08) or more based
upon the definition of breath, blood, and urine
concentration in § 5-65-204 or refusing to submit
to a chemical test under § 5-76-104 occurring on
or after July 31, 2007, when the person was not
subsequently acquitted of the criminal charges.
(b)(1)(A) Any person whose license is suspended
or revoked pursuant to this section is required to
complete an alcohol education program or an
alcohol treatment program as approved by the
Office of Alcohol and Drug Abuse Prevention unless
the charges are dismissed or the person is
acquitted of the charges upon which the suspension
or revocation is based.
(B) If during the period of suspension or revocation
under subdivision (b)(1)(A) of this section
the person commits an additional violation of
§ 5-65-103, he or she is also required to complete
an approved alcohol education program or alcohol
treatment program for each additional violation,
unless:
(i) The additional charges are dismissed; or
(ii) He or she is acquitted of the additional
charges.
(2) A person whose license is suspended or revoked
pursuant to this section shall furnish proof of
attendance at and completion of the alcohol education
program or the alcohol treatment program
required under subdivision (b)(1) of this section
before reinstatement of his or her suspended or
revoked driver’s license or shall furnish proof of
dismissal or acquittal of the charge on which the
suspension or revocation is based.
(3) Even if a person has filed a de novo petition for
review pursuant to former subsection (c) of this
section, the person is entitled to reinstatement of
driving privileges upon complying with this subsection
and is not required to postpone reinstatement
until the disposition of the de novo review in circuit
court has occurred.
History. Acts 1983, No. 549, § 13; 1985, No. 113, § 1; 1985, No.
1064, § 1; A.S.A. 1947, § 75-2511; Acts 1989, No. 368, § 1; 1989,
No. 621, § 1; 1993, No. 736, § 1; 1995, No. 802, § 1; 1997, No. 830,
§ 1; 1997, No. 1325, § 2; 1999, No. 1077, § 9; 1999, No. 1468, § 1;
1999, No. 1508, § 7; 2001, No. 561, §§ 3-5; No. 1501, § 1; 2003, No.
541, § 1; 2003, No. 1036, § 1; 2003, No. 1462, § 1; 2003, No. 1779,
§ 1; 2005, No. 1234, § 3; 2005, No. 1768, § 1; 2007, No. 712, § 1;
2007, No. 827, § 75; 2007, No. 1196, § 1; 2009, No. 359, §§ 1—3;
2009, No. 650, § 2; 2009, No. 922, § 1; 2009, No. 1293, § 1.
5-65-105.
Operation of motor vehicle during
period of license suspension or revocation.
Any person whose privilege to operate a motor
vehicle has been suspended or revoked under a
provision of this act who operates a motor vehicle in
this state during the period of the suspension or
revocation shall be imprisoned for ten (10) days and
may be assessed a fine of not more than one thousand
dollars ($1,000).
History. Acts 1983, No. 549, § 14; A.S.A. 1947, § 75-2512; Acts
2001, No. 1715, § 1.
5-65-106. Impoundment of license plate.
(a) When any law enforcement officer arrests a
person for operating a motor vehicle while that
person’s operator’s license or permit has been suspended
or revoked under the laws of any state due to
the person having previously been found guilty or
having pleaded guilty or nolo contendere to violating
§ 5-65-103, and if the motor vehicle operated by the
person is owned in whole or part by the person, the
motor vehicle license plate shall be impounded by
the law enforcement officer for no less than ninety
(90) days.
(b) If the court determines it is in the best interest
of dependents of the offender, the court shall instruct
the Director of the Department of Finance
and Administration to issue a temporary substitute
license plate to that vehicle, and the license plate
shall indicate that the original plate has been impounded.
History. Acts 1983, No. 549, § 15; A.S.A. 1947, § 75-2513.
5-65-107. Persons arrested to be tried on
charges — No charges reduced — Filing citations.
(a) A person arrested for violating § 5-65-103
shall be tried on those charges or plead to those
charges, and no such charges shall be reduced.
(b) Furthermore, when a law enforcement officer
issues a citation for violating § 5-65-103, the citation
shall be filed with the court as soon as possible.
History. Acts 1983, No. 549, § 8; A.S.A. 1947, § 75-2508.
5-65-108. No probation prior to adjudication
of guilt.
(a) Section 16-93-301 et seq., allows a circuit
court judge, district court judge, or city court judge
to place on probation a first offender who pleads
guilty or nolo contendere prior to an adjudication of
guilt.
(b) Upon successful completion of the probation
terms, the circuit court judge, district court judge, or
city court judge is allowed to discharge the accused
without a court adjudication of guilt and expunge
the record.
(c)(1) No circuit court judge, district court judge,
or city court judge may utilize the provisions of
§ 16-93-301 et seq. in an instance in which the
defendant is charged with violating § 5-65-103.
(2) Notwithstanding the provisions of § 5-4-301,
§ 5-4-322, or subdivision (c)(1) of this section, in
addition to the mandatory penalties required for a
violation of § 5-65-103, a circuit court judge, district
court judge, or city court judge may utilize probationary
supervision solely for the purpose of monitoring
compliance with his or her orders and require
an offender to pay a reasonable fee in an amount to
be established by the circuit court judge, district
court judge, or city court judge.
History. Acts 1983, No. 549, § 9; A.S.A. 1947, § 75-2509; Acts
2005, No. 1768, § 2; 2007, No. 827, § 76.
5-65-109. Presentencing report.
(a) The court shall immediately request and the
Office of Alcohol and Drug Abuse Prevention or its
designee shall provide a presentence screening and
assessment report of the defendant upon a plea of
guilty or nolo contendere to or a finding of guilt of
violating § 5-65-103 or § 5-65-303.
(b)(1) The presentence report shall be provided
within thirty (30) days of the request, and the court
shall not pronounce sentence until receipt of the
presentence report.
(2)(A) After entry of a plea of guilty or nolo
contendere or a finding of guilt and if the sentencing
of the defendant is delayed by the defendant,
the clerk of the court shall notify the defendant by
first class mail sent to the defendant’s last known
address that the defendant has fifteen (15) days to
appear and show cause for failing to appear for
sentencing.
(B) After expiration of the fifteen (15) days, the
court may proceed with sentencing even in the
absence of the defendant.
(c) The report shall include, but not be limited to,
the defendant’s driving record, an alcohol problem
assessment, and a victim impact statement when
applicable.
History. Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts
1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007,
No. 251, § 1; 2007, No. 827, § 77.
5-65-110. Record of violations and court actions
— Abstract.
(a) Any magistrate or judge of a court shall keep
or cause to be kept a record of any violation of this
act presented to that court and shall keep a record of
any official action by that court in reference to the
violation including, but not limited to, a record of
every finding of guilt, plea of guilty or nolo contendere,
judgment of acquittal, and the amount of fine
and jail sentence.
(b) Within thirty (30) days after sentencing a
person who has been found guilty or pleaded guilty
or nolo contendere on a charge of violating any
provision of this act, the magistrate of the court or
clerk of the court shall prepare and immediately
forward to the Office of Driver Services an abstract
of the record of the court covering the case in which
the person was found guilty or pleaded guilty or nolo
contendere, and the abstract shall be certified by the
person so required to prepare it to be true and
correct.
(c) The abstract shall be made upon a form furnished
by the office and shall include:
(1) The name and address of the party charged;
(2) The number, if any, of the operator’s or chauffeur’s
license of the party charged;
(3) The registration number of the vehicle involved;
(4) The date of hearing;
(5) The plea;
(6) The judgment; and
(7) The amount of the fine and jail sentence, as
the case may be.
History. Acts 1983, No. 549, § 10; A.S.A. 1947, § 75-2510.
5-65-111. Prison terms — Exception.
(a)(1)(A) Any person who pleads guilty or nolo
contendere to or is found guilty of violating § 5-
65-103, for a first offense, may be imprisoned for
no less than twenty-four (24) hours and no more
than one (1) year.
(B) However, the court may order public service
in lieu of jail, and in that instance, the court shall
include the reasons for the order of public service
in lieu of jail in the court’s written order or
judgment.
(2)(A) However, if a passenger under sixteen (16)
years of age was in the vehicle at the time of the
offense, a person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103,
for a first offense, may be imprisoned for no fewer
than seven (7) days and no more than one (1) year.
(B) However, the court may order public service
in lieu of jail, and in that instance, the court shall
include the reasons for the order of public service
in lieu of jail in the court’s written order or
judgment.
(b) Any person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103 or
any other equivalent penal law of another state or
foreign jurisdiction shall be imprisoned or shall be
ordered to perform public service in lieu of jail as
follows:
(1)(A) For no fewer than seven (7) days but no
more than one (1) year for the second offense
occurring within five (5) years of the first offense
or no fewer than thirty (30) days of community
service.
(B)(i) However, if a person under sixteen (16)
years of age was in the vehicle at the time of the
offense, for no fewer than thirty (30) days but no
more than one (1) year for the second offense
occurring within five (5) years of the first offense
or no fewer than sixty (60) days of community
service.
(ii) If the court orders community service, the
court shall clearly set forth in written findings the
reasons for the order of community service;
(2)(A) For no fewer than ninety (90) days but no
more than one (1) year for the third offense
occurring within five (5) years of the first offense
or no fewer than ninety (90) days of community
service.
(B)(i) However, if a person under sixteen (16)
years of age was in the vehicle at the time of the
offense, for no fewer than one hundred twenty
days (120) days but no more than one (1) year for
the third offense occurring within five (5) years of
the first offense or no fewer than one hundred
twenty (120) days of community service.
(ii) If the court orders community service, the
court shall clearly set forth in written findings the
reasons for the order of community service;
(3)(A) For at least one (1) year but no more than
six (6) years for the fourth offense occurring
within five (5) years of the first offense or not less
than one (1) year of community service and is
guilty of a felony.
(B)(i) However, if a person under sixteen (16)
years of age was in the vehicle at the time of the
offense, for at least two (2) years but no more than
six (6) years for the fourth offense occurring
within five (5) years of the first offense or not less
than two (2) years of community service and is
guilty of a felony.
(ii) If the court orders community service, the
court shall clearly set forth in written findings the
reasons for the order of community service; and
(4)(A)(i) For at least two (2) years but no more
than ten (10) years for the fifth or subsequent
offense occurring within five (5) years of the first
offense or not less than two (2) years of community
service and is guilty of a felony.
(ii) If the court orders community service, the
court shall clearly set forth in written findings the
reasons for the order of community service.
(B)(i) However, if a person under sixteen (16)
years of age was in the vehicle at the time of the
offense, for at least three (3) years but no more
than ten (10) years for the fifth offense occurring
within five (5) years of the first offense or not less
than three (3) years of community service and is
guilty of a felony.
(ii) If the court orders community service, the
court shall clearly set forth in written findings the
reasons for the order of community service.
(c) For any arrest or offense occurring before July
30, 1999, but that has not reached a final disposition
as to judgment in court, the offense shall be decided
under the law in effect at the time the offense
occurred, and any defendant is subject to the penalty
provisions in effect at that time and not under the
provisions of this section.
(d) It is an affirmative defense to prosecution
under subdivisions (a)(2), (b)(1)(B), (b)(2)(B),
(b)(3)(B), and (b)(4)(B) of this section that the person
operating or in actual physical control of the motor
vehicle was not more than two (2) years older than
the passenger.
(e) A prior conviction for § 5-10-105(a)(1)(A) or
(B) is considered a previous offense for purposes of
subsection (b) of this section.
History. Acts 1983, No. 549, § 4; A.S.A. 1947, § 75-2504; Acts
1997, No. 1236, § 1; 1999, No. 1077, § 11; 2001, No. 1206, § 1;
2003, No. 1461, §§ 1, 2; 2009, No. 650, § 3.
5-65-112. Fines.
Any person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103 shall be
fined:
(1) No less than one hundred fifty dollars ($150)
and no more than one thousand dollars ($1,000) for
the first offense;
(2) No less than four hundred dollars ($400) and
no more than three thousand dollars ($3,000) for the
second offense occurring within five (5) years of the
first offense; and
(3) No less than nine hundred dollars ($900) and
no more than five thousand dollars ($5,000) for the
third or subsequent offense occurring within five (5)
years of the first offense.
History. Acts 1983, No. 549, § 5; A.S.A. 1947, § 75-2505; Acts
1993, No. 106, § 1; 1999, No. 1077, § 12.
5-65-113. [Repealed.]
Publisher’s Notes. This section, concerning additional court
costs, was repealed by Acts 1995, No. 1256, § 20, as amended by
Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from
Acts 1983, No. 918, §§ 1, 3; A.S.A. 1947, §§ 75-2531, 75-2532.
5-65-114. Inability to pay — Alternative public
service work.
If it is determined that any individual against
whom fines, fees, or court costs are levied for driving
while intoxicated or driving while impaired is financially
unable to pay the fines, fees, or costs, the court
levying the fines, fees, or costs shall order the
individual to perform public service work of such
type and for such duration as deemed appropriate by
the court.
5-65-115. Alcohol treatment or education program
— Fee.
(a)(1) Any person whose driving privileges are
suspended or revoked for violating § 5-65-103, § 5-
65-303, § 5-65-310, or § 3-3-203 is required to complete
an alcohol education program provided by a
contractor with the Office of Alcohol and Drug Abuse
Prevention or an alcoholism treatment program
licensed by the Office of Alcohol and Drug Abuse
Prevention.
(2)(A) The alcohol education program may collect
a program fee of up to one hundred twenty-five
dollars ($125) per enrollee to offset program costs.
(B)(i) A person ordered to complete an alcohol
education program under this section may be
required to pay, in addition to the costs collected
for education or treatment, a fee of up to twenty-
five dollars ($25.00) to offset the additional costs
associated with reporting requirements under this
subchapter.
(ii) The alcohol education program shall report
monthly to the Office of Alcohol and Drug Abuse
Prevention all revenue derived from this fee.
(b)(1) A person whose license is suspended or
revoked for violating § 5-65-103 shall:
(A) Both:
(i) Furnish proof of attendance at and completion
of the alcoholism treatment program or alcohol
education program required under § 5-65-
104(b)(1) before reinstatement of his or her
suspended or revoked driver’s license; and
(ii) Pay any fee for reinstatement required under
§ 5-65-119 or § 5-65-304; or
(B) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(2) An application for reinstatement shall be
made to the Office of Driver Services.
(c) Even if a person has filed a de novo petition for
review pursuant to § 5-65-402, the person is entitled
to reinstatement of driving privileges upon
complying with this section and is not required to
postpone reinstatement until the disposition of the
de novo review in circuit court has occurred.
(d)(1) A person suspended under this act may
enroll in an alcohol education program prior to
disposition of the offense by the circuit court, district
court, or city court.
(2) However, the person is not entitled to any
refund of a fee paid if the charges are dismissed or if
the person is acquitted of the charges.
(e) Each alcohol education program or alcoholism
treatment program shall remit the fees imposed
under this section to the Office of Alcohol and Drug
Abuse Prevention.
History. Acts 1983, No. 549, § 7; 1985, No. 108, § 1; A.S.A. 1947,
§ 75-2507; Acts 1991, No. 486, § 1; 1995, No. 172, § 1; 1995, No.
263, § 1; 1995, No. 1032, § 1; 1995, No. 1256, § 20; 1995 (1st Ex.
Sess.), No. 13, § 4; 1999, No. 1077, § 13; 2003, No. 1462, § 2; 2005,
No. 1768, § 3; 2007, No. 251, § 2; 2007, No. 827, § 78; 2009, No.
748, § 28.
5-65-116. Denial of driving privileges for minor
— Restricted permit.
(a) As used in this section, “drug offense” means
the same as in § 5-64-710.
(b)(1)(A) If a person who is less than eighteen (18)
years of age pleads guilty or nolo contendere to or
is found guilty of driving while intoxicated under
§ 5-65-101 et seq., or of any criminal offense
involving the illegal possession or use of controlled
substances, or of any drug offense, in this state or
any other state, or is found by a juvenile court to
have committed such an offense, the court having
jurisdiction of the matter, including any federal
court, shall prepare and transmit to the Department
of Finance and Administration an order of
denial of driving privileges for the minor.
(B) A court within the State of Arkansas shall
prepare and transmit any order under subdivision
(b)(1)(A) of this section within twenty-four (24)
hours after the plea or finding to the department.
(C) A court outside Arkansas having jurisdiction
over any person holding driving privileges
issued by the State of Arkansas shall prepare and
transmit any order under subdivision (b)(1)(A) of
this section pursuant to an agreement or arrangement
entered into between that state and the
Director of the Department of Finance and Administration.
(D) An arrangement or agreement under subdivision
(b)(1)(C) of this section may also provide
for the forwarding by the department of an order
issued by a court within this state to the state
where the person holds driving privileges issued
by that state.
(2) For any person holding driving privileges issued
by the State of Arkansas, a court within this
state in a case of extreme and unusual hardship may
provide in an order for the issuance of a restricted
driving permit to allow driving to and from a place of
employment or driving to and from school.
(c) A penalty prescribed in this section or § 27-
16-914 is in addition to any other penalty prescribed
by law for an offense covered by this section and
§ 27-16-914.
(d) In regard to any offense involving illegal possession
under this section, it is a defense if the
controlled substance is the property of an adult who
owns the vehicle.
History. Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No.
1257, § 2.
5-65-117. Seizure and sale of motor vehicles.
(a)(1)(A) Any person who pleads guilty or nolo
contendere or is found guilty of violating § 5-65-
103 for a fourth offense occurring within three (3)
years of the first offense, at the discretion of the
court, may have his or her motor vehicle seized.
(B) If the motor vehicle is seized, the title to the
motor vehicle is forfeited to the state.
(2)(A) If ordered by the court, it is the duty of the
sheriff of the county where the offense occurred to
seize the motor vehicle.
(B) The court may issue an order directing the
sheriff to sell the motor vehicle seized at a public
auction to the highest bidder within thirty (30)
days from the date of judgment.
(b)(1) The sheriff shall advertise the motor vehicle
for sale for a period of two (2) weeks prior to the
date of sale by at least one (1) insertion per week in
a newspaper having a bona fide circulation in the
county.
(2) The notice shall include a brief description of
the motor vehicle to be sold and the time, place, and
terms of the sale.
(c) The proceeds of the sale of the seized motor
vehicle shall be deposited into the county general
fund.
(d)(1) After the sheriff has made the sale and has
turned over the proceeds of the sale to the county
treasurer, the sheriff shall report his or her actions
to the court in which the defendant was tried.
(2) The report required by subdivision (d)(1) of
this section shall be filed with the court within sixty
(60) days from the date of judgment.
(e) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if the secured party neither had
knowledge of nor consented to the act or omission.
History. Acts 1989 (3rd Ex. Sess.), No. 94, § 1.
5-65-118. Additional penalties — Ignition interlock
devices.
(a)(1)(A)(i) In addition to any other penalty authorized
for a violation of this chapter, upon an
arrest of a person for violating § 5-65-103 for a
first or second offense, the Office of Driver Services
may restrict the person to operating only a
motor vehicle that is equipped with a functioning
ignition interlock device.
(ii) The restriction may continue for a period of
up to one (1) year after the person’s license is no
longer suspended or restricted under the provisions
of § 5-65-104.
(B) Upon a finding that a person is financially
able to afford an ignition interlock device and
upon an arrest for a violation of § 5-65-103 for a
third or subsequent offense, the office may restrict
the offender to operate only a motor vehicle that is
equipped with a functioning ignition interlock
device for up to one (1) year after the person’s
license is no longer suspended or restricted under
§ 5-65-104.
(2) In accordance with the requirements under
the provisions of § 5-65-104, the office may issue an
ignition interlock restricted license to the person
only after the person has verified installation of a
functioning ignition interlock device to the office in
any motor vehicle the person intends to operate,
except for an exemption allowed under subsection
(g) of this section.
(3) The office shall establish:
(A) A specific calibration setting no lower than
two hundredths of one percent (.02%) nor more
than five hundredths of one percent (.05%) of
alcohol in the person’s blood at which the ignition
interlock device will prevent the motor vehicle’s
being started; and
(B) The period of time that the person is subject
to the restriction.
(4) As used in this section, “ignition interlock
device” means a device that connects a motor vehicle
ignition system to a breath-alcohol analyzer and
prevents a motor vehicle ignition from starting if a
driver’s blood alcohol level exceeds the calibration
setting on the device.
(b) Upon restricting the offender to the use of an
ignition interlock device, the office shall:
(1)(A) State on the record the requirement for and
the period of use of the ignition interlock device.
(B) However, if the office restricts the offender
to the use of an ignition interlock device in conjunction
with the issuance of an ignition interlock
restricted license under a provision of § 5-65-104,
the period of requirement of use of the ignition
interlock device shall be at least the remaining
time period of the original suspension imposed
under § 5-65-104;
(2) Ensure that the records of the office reflect
that the person may not operate a motor vehicle that
is not equipped with an ignition interlock device;
(3) Attach or imprint a notation on the driver’s
license of any person restricted under this section
stating that the person may operate only a motor
vehicle equipped with an ignition interlock device;
(4) Require the person restricted under this section
to show proof of installation of a certified
ignition interlock device prior to the issuance by the
office of an ignition interlock restricted license under
a provision of § 5-65-104;
(5) Require proof of the installation of the ignition
interlock device and periodic reporting by the person
for verification of the proper operation of the ignition
interlock device;
(6) Require the person to have the ignition interlock
device serviced and monitored at least every
sixty-seven (67) days for proper use and accuracy by
an entity approved by the Department of Health;
and
(7)(A) Require the person to pay the reasonable
cost of leasing or buying and monitoring and
maintaining the ignition interlock device.
(B) The office may establish a payment schedule
for the reasonable cost of leasing or buying and
monitoring and maintaining the ignition interlock
device.
(c)(1) A person restricted under this section to
operate only a motor vehicle that is equipped with
an ignition interlock device may not solicit or have
another person start or attempt to start a motor
vehicle equipped with an ignition interlock device.
(2) Except as provided in subsection (g) of this
section, a violation of this subsection is a Class A
misdemeanor.
(d)(1) A person may not start or attempt to start a
motor vehicle equipped with an ignition interlock
device for the purpose of providing an operable
motor vehicle to a person who is restricted under
this section to operate only a motor vehicle that is
equipped with an ignition interlock device.
(2) Except as provided in subsection (g) of this
section, a violation of this subsection is a Class A
misdemeanor.
(e)(1) A person may not tamper with or in any
way attempt to circumvent the operation of an
ignition interlock device that has been installed in a
motor vehicle.
(2) Except as provided in subsection (g) of this
section, a violation of this subsection is a Class A
misdemeanor.
(f)(1) A person may not knowingly provide a motor
vehicle not equipped with a functioning ignition
interlock device to another person who the provider
of the vehicle knows or should know was restricted
to operate only a motor vehicle equipped with an
ignition interlock device.
(2) Except as provided in subsection (g) of this
section, a violation of this subsection is a Class A
misdemeanor.
(g)(1) Any person found to have violated subsections
(c)-(f) of this section is guilty of a Class A
misdemeanor.
(2) However, the penalty provided in subdivision
(g)(1) of this section does not apply if:
(A) The starting of a motor vehicle or the request
to start a motor vehicle equipped with an
ignition interlock device is done for the purpose of
safety or mechanical repair of the ignition interlock
device or the motor vehicle and the person
subject to the restriction does not operate the
motor vehicle; or
(B)(i) The court finds that a person is required
to operate a motor vehicle in the course and scope
of the person’s employment and, if the motor
vehicle is owned by the employer, that the person
may operate that motor vehicle during regular
working hours for the purposes of his or her
employment without installation of an ignition
interlock device if the employer has been notified
of the driving privilege restriction and if proof of
that notification is with the motor vehicle.
(ii) However, the employment exemption in
subdivision (g)(2)(B)(i) does not apply if the business
entity that owns the motor vehicle is owned
or controlled by the person who is prohibited from
operating a motor vehicle not equipped with an
ignition interlock device.
(h) If the person restricted under this section
cannot provide proof of installation of a functioning
ignition interlock device to the office under subsection
(a) of this section, the office shall not issue an
ignition interlock restricted license as authorized
under this section.
(i) In addition to any other penalty authorized
under this section, if the office finds that a person
has violated a condition under this section related to
the proper use, circumvention, or maintenance of an
ignition interlock device, the office shall revoke the
ignition interlock restricted license and reinstate a
license suspension for the term of the original license
suspension.
(j) Any person whose license was suspended under
§ 5-65-104 who would otherwise be eligible to
obtain an ignition interlock restricted license may
petition the office for a hearing and the office or its
designated official may issue an ignition interlock
restricted license as authorized under the applicable
provisions of §§ 5-65-104 and 5-65-205.
(k)(1) The department shall:
(A) Certify the ignition interlock devices for use
in this state,
(B) Approve the entities that install and monitor
the ignition interlock devices; and
(C) Adopt rules and regulations for the certifi-
cation of the ignition interlock devices and ignition
interlock device installation.
(2) The rules and regulations shall require an
ignition interlock device, at a minimum, to:
(A) Not impede the safe operation of the motor
vehicle;
(B) Minimize the opportunities to be bypassed;
(C) Work accurately and reliably in an unsupervised
environment;
(D) Properly and accurately measure the person’s
blood alcohol levels;
(E) Minimize the inconvenience to a sober user;
and
(F) Be manufactured by an entity that is responsible
for installation, user training, and servicing
and maintenance of the ignition interlock
device, and that is capable of providing monitoring
reports to the office.
(3) The division shall develop a warning label to
be affixed to any ignition interlock device used in the
state to warn any person of the possible penalties for
tampering with or attempting to circumvent the
ignition interlock device.
(4) The division shall:
(A) Publish and update a list of certified ignition
interlock device manufacturers and approved
ignition interlock device installers; and
(B) Periodically provide the list required by
subdivision (k)(4)(A) of this section to the office.
History. Acts 1993, No. 298, § 1; 1995, No. 1296, § 8; 1999, No.
1468, § 2; 2001, No. 1206, § 2; 2001, No. 1501, § 2; 2005, No. 1234,
§ 2; 2007, No. 827, § 79.
5-65-119. Distribution of fee.
(a) The Office of Driver Services shall charge a fee
to be calculated as provided under subsection (b) of
this section for reinstating a driving privilege suspended
or revoked because of an arrest for operating
or being in actual physical control of a motor vehicle
while intoxicated or while there was an alcohol
concentration of eight-hundredths (0.08) or more in
the person’s breath or blood, § 5-65-103, or refusing
to submit to a chemical test of blood, breath, or urine
for the purpose of determining the alcohol or controlled
substance contents of the person’s blood or
breath, § 5-65-205, and the fee shall be distributed
as follows:
(1) Seven percent (7%) of the revenues derived
from this fee shall be deposited into the State
Treasury as special revenues and credited to the
Public Health Fund to be used exclusively for the
Office of Alcohol Testing of the Division of Health of
the Department of Health and Human Services;
(2) Thirty-three percent (33%) of the revenues
derived from this fee shall be deposited as special
revenues into the State Treasury into the Constitutional
Officers Fund and the State Central Services
Fund as a direct revenue to be used by the Office of
Driver Services for use in supporting the administrative
driver’s licensing revocation and sanctions
programs provided for in this subchapter;
(3) Ten percent (10%) of the revenues derived
from this fee shall be deposited into the State
Treasury, and the Treasurer of State shall credit
them as general revenues to the various funds in the
respective amounts to each and to be used for the
purposes as provided in the Revenue Stabilization
Law, § 19-5-101 et seq.; and
(4) Fifty percent (50%) of the revenues derived
from this fee shall be deposited into the State
Treasury as special revenues to the credit of the
Department of Arkansas State Police Fund.
(b)(1)(A) The reinstatement fee shall be calculated
by multiplying one hundred fifty dollars
($150) by each separate occurrence of an offense
resulting in an administrative suspension order
under § 5-65-103 or § 5-65-205 unless the administrative
suspension order has been removed because:
(i) The person has been found not guilty of the
offense by a circuit court or district court; or
(ii) A de novo review of the administrative suspension
order by the Office of Driver Services
results in the removal.
(B) The fee under this section is supplemental
to and in addition to any fee imposed under
§ 5-65-304, § 5-65-310, § 27-16-508, or § 27-16-
808.
(2) As used in this subsection, “occurrence” means
each separate calendar date when an offense or
offenses take place.
History. Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No.
1001, § 1; 2005, No. 1992, § 1.
5-65-120. Restricted driving permit.
(a) Following an administrative hearing for suspension
or revocation of a driver’s license as provided
for in § 5-65-402, or upon a request of a person
whose privilege to drive has been denied or suspended,
the Office of Driver Services or its designated
agent may modify the denial or suspension in
a case of extreme and unusual hardship by the
issuance of a restricted driving permit when, upon a
review of the person’s driving record for a time
period of five (5) years prior to the current denial,
revocation, or suspension of driving privilege or a
driver’s license, at the discretion of the office or its
designated agent it is determined that:
(1) The person:
(A) Is not a multiple traffic law offender; or
(B) Does not present a threat to the general
public; and
(2) No other adequate means of transportation
exists for the person except to allow driving in any of
the following situations:
(A) To and from the person’s place of employment;
(B) In the course of the person’s employment;
(C) To and from an educational institution for
the purpose of attending a class if the person is
enrolled and regularly attending a class at the
institution;
(D) To and from an alcohol education program
or alcoholism treatment program for drunk drivers;
or
(E) To and from a hospital or clinic for medical
treatment or care for an illness, disease, or other
medical condition of the person or a family member.
(b) The restricted driving permit shall state the
specific times and circumstances under which driving
is permitted.
(c) The restricted driving permit shall not be
granted to any person suspended for a second or
subsequent offense of violating § 5-65-103, § 5-65-
205, § 5-65-303, or § 5-65-310.
History. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999,
No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No.
1293, § 2.
5-65-121. Victim impact panel attendance —
Fee.
(a)(1) A person whose driving privileges are suspended
or revoked for violating § 5-65-103, § 5-65-
205, § 5-65-303, § 5-65-310, or § 3-3-203 shall attend
a victim impact panel sponsored by an
organization approved by the Office of Alcohol and
Drug Abuse Prevention of the Department of Human
Services.
(2) The organization selected by the office shall be
an organization that provides statewide services to
victims of drunk driving.
(b)(1) The organization approved by the office
may collect a program fee of ten dollars ($10.00) per
enrollee to offset program costs to be remitted to the
organization.
(2) The organization approved by the office shall
provide proof of attendance and completion to the
person required to attend the victim impact panel
upon completion of the victim impact panel.
History. Acts 2009, No. 946, § 1.
SUBCHAPTER 2—CHEMICAL ANALYSIS OF
BODY SUBSTANCES
SECTION.
5-65-201. Rules and regulations.
5-65-202. Implied consent.
5-65-203. Administration.
5-65-204. Validity — Approved methods.
5-65-205. Refusal to submit.
5-65-206. Evidence in prosecution.
5-65-207. Alcohol testing devices.
5-65-208. Motor vehicle accidents — Testing required.
5-65-201. Rules and regulations.
The Division of Health of the Department of
Health and Human Services may promulgate rules
and regulations reasonably necessary to carry out
the purposes of this subchapter.
History. Acts 1969, No. 106, § 2; A.S.A. 1947, § 75-1046.
5-65-202. Implied consent.
(a) Any person who operates a motor vehicle or is
in actual physical control of a motor vehicle in this
state is deemed to have given consent, subject to the
provisions of § 5-65-203, to one (1) or more chemical
tests of his or her blood, breath, or urine for the
purpose of determining the alcohol or controlled
substance content of his or her breath or blood if:
(1) The person is arrested for any offense arising
out of an act alleged to have been committed while
the person was driving while intoxicated or driving
while there was an alcohol concentration of eight
hundredths (0.08) or more in the person’s breath or
blood;
(2) The person is involved in an accident while
operating or in actual physical control of a motor
vehicle; or
(3) At the time the person is arrested for driving
while intoxicated, the law enforcement officer has
reasonable cause to believe that the person, while
operating or in actual physical control of a motor
vehicle, is intoxicated or has an alcohol concentration
of eight hundredths (0.08) or more in the
person’s breath or blood.
(b) Any person who is dead, unconscious, or otherwise
in a condition rendering him or her incapable
of refusal is deemed not to have withdrawn the
consent provided by subsection (a) of this section,
and one (1) or more chemical tests may be administered
subject to the provisions of § 5-65-203.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 1993, No. 132,
§ 1; 2001, No. 561, § 7; 2009, No. 431, § 1.
5-65-203. Administration.
(a) One (1) or more chemical tests authorized in
§ 5-65-202 shall be administered at the direction of
a law enforcement officer having reasonable cause to
believe the person to have been operating or in
actual physical control of a motor vehicle while
intoxicated or while there was an alcohol concentration
of eight hundredths (0.08) or more in the
person’s breath or blood.
(b)(1) The law enforcement agency by which the
law enforcement officer is employed shall designate
which chemical test or chemical tests shall be administered,
and the law enforcement agency is responsible
for paying any expense incurred in conducting
the chemical test or chemical tests.
(2) If the person tested requests that additional
chemical test or chemical tests be made, as authorized
in § 5-65-204(e), the cost of the additional
chemical test or chemical tests shall be borne by the
person tested, unless the person is found not guilty
in which case the arresting law enforcement agency
shall reimburse the person for the cost of the additional
chemical test or chemical tests.
(3) If any person objects to the taking of his or her
blood for a chemical test, as authorized in this
chapter, the breath or urine of the person may be
used to make the chemical analysis.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 2001, No. 561,
§ 8; 2009, No. 431, § 2.
5-65-204. Validity — Approved methods.
(a)(1) “Alcohol concentration” means either:
(A) Grams of alcohol per one hundred milliliters
(100 ml) or one hundred cubic centimeters
(100 cc) of blood; or
(B) Grams of alcohol per two hundred ten liters
(210 l) of breath.
(2) The alcohol concentration of other bodily substances
is based upon grams of alcohol per one
hundred milliliters (100 ml) or one hundred cubic
centimeters (100 cc) of blood, the same being percent
weight per volume or percent alcohol concentration.
(b)(1)(A) A chemical analysis made to determine
the presence and amount of alcohol in a person’s
blood, urine, or breath to be considered valid
under this chapter shall be performed according to
a method approved by the Department of Health
or by an individual possessing a valid certificate
issued by the department for this purpose.
(B) The department may:
(i) Approve satisfactory techniques or methods
for the chemical analysis;
(ii) Ascertain the qualifications and competence
of an individual to conduct the chemical
analysis; and
(iii) Issue a certificate that is subject to termination
or revocation at the discretion of the department.
(C)(i) An auxiliary law enforcement officer appointed
as a reserve law enforcement officer and
certified by the department in the operation of an
instrument used to determine the alcohol content
of the breath may operate an instrument used to
determine the alcohol content of the breath under
this chapter.
(ii) The department shall promulgate rules to
implement subdivision (b)(1)(C)(i) of this section.
(2) However, a method of chemical analysis of a
person’s blood, urine, or other bodily substance
made by the State Crime Laboratory for determining
the presence of one (1) or more controlled substances
or any intoxicant is exempt from approval by
the division or the State Board of Health.
(c) To be considered valid under the provisions of
this section, a chemical analysis of a person’s blood,
urine, breath, or other bodily substance for determining
the alcohol content of the blood or breath
shall be performed according to a method approved
by the board.
(d)(1) When a person submits to a blood test at
the request of a law enforcement officer under a
provision of this section, blood may be drawn by a
physician or a person acting under the direction and
supervision of a physician.
(2) The limitation in subdivision (d)(1) of this
section does not apply to the taking of a breath or
urine specimen.
(3)(A) No person, institution, or office in this state
that withdraws blood for the purpose of determining
alcohol or controlled substance content of the
blood at the request of a law enforcement officer
under a provision of this chapter shall be held
liable for violating any criminal law of this state in
connection with the withdrawing of the blood.
(B) No physician, institution, or person acting
under the direction or supervision of a physician
shall be held liable in tort for the withdrawal of
the blood unless the person is negligent in connection
with the withdrawal of the blood or the blood
is taken over the objections of the subject.
(e)(1) The person tested may have a physician or
a qualified technician, registered nurse, or other
qualified person of his or her own choice administer
a complete chemical test in addition to any chemical
test administered at the direction of a law enforcement
officer.
(2) The law enforcement officer shall advise the
person in writing of the right provided in subdivision
(e)(1) of this section and that if the person chooses to
have an additional chemical test and the person is
found not guilty, the arresting law enforcement
agency shall reimburse the person for the cost of the
additional chemical test.
(3) The refusal or failure of a law enforcement
officer to advise a person of the right provided in
subdivision (e)(1) of this section and to permit and
assist the person to obtain a chemical test under
subdivision (e)(1) of this section precludes the admission
of evidence relating to a chemical test taken
at the direction of a law enforcement officer.
(f) Upon the request of the person who submits to
a chemical test at the request of a law enforcement
officer, full information concerning the chemical test
shall be made available to the person or to his or her
attorney.
History. Acts 1969, No. 106, §§ 1, 2; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; 1985, No. 169, § 1; A.S.A. 1947, §§ 75-1045, 75-1046; Acts
1989, No. 361, § 1; 2001, No. 561, §§ 9, 10; 2005, No. 886, § 1;
2011, No. 1240, § 1.
5-65-205. Refusal to submit.
(a)(1) If a person under arrest refuses upon the
request of a law enforcement officer to submit to a
chemical test designated by the law enforcement
agency, as provided in § 5-65-202, no chemical test
shall be given, and the person’s motor vehicle operator’s
license shall be seized by the law enforcement
officer, and the law enforcement officer shall immediately
deliver to the person from whom the motor
vehicle operator’s license was seized a temporary
driving permit, as provided by § 5-65-402.
(2) Refusal to submit to a chemical test under this
subsection is a strict liability offense and is a violation
pursuant to § 5-1-108.
(b) The Office of Driver Services shall then proceed
to suspend or revoke the driving privilege of the
arrested person, as provided in § 5-65-402. The
suspension shall be as follows:
(1)(A)(i) Suspension for one hundred eighty (180)
days for the first offense of refusing to submit to a
chemical test of blood, breath, or urine for the
purpose of determining the alcohol or controlled
substance content of the person’s blood or breath.
(ii)(a) However, if the office allows the issuance
of an ignition interlock restricted license under
§ 5-65-118, the ignition interlock restricted license
shall be available immediately.
(b) The ignition interlock restricted license provision
of § 5-65-118 does not apply to the suspension
under subdivision (b)(1)(A)(i) of this section if
the person is arrested for an offense of operating
or being in actual physical control of a motor
vehicle while intoxicated by the ingestion of or by
the use of a controlled substance.
(iii) The restricted driving permit provision of
§ 5-65-120 does not apply to this suspension.
(B) The office, in addition to any other penalty,
shall deny to that person the issuance of an
operator’s license until that person has been issued
an ignition interlock restricted license for a
period of six (6) months;
(2) Suspension for two (2) years, during which no
restricted permit may be issued, for a second offense
of refusing to submit to a chemical test of blood,
breath, or urine for the purposes of determining the
alcohol or controlled substance content of the person’s
blood or breath within five (5) years of the first
offense;
(3) Revocation for three (3) years, during which
no restricted permit may be issued, for the third
offense of refusing to submit to a chemical test of
blood, breath, or urine for the purpose of determining
the alcohol or controlled substance content of the
person’s blood within five (5) years of the first
offense; and
(4) Lifetime revocation, during which no restricted
permit may be issued, for the fourth or
subsequent offense of refusing to submit to a chemical
test of blood, breath, or urine for the purpose of
determining the alcohol or controlled substance content
of the person’s blood or breath within five (5)
years of the first offense.
(c) [Repealed.]
(d) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested person’s driving privileges, the office
shall consider as a previous offense any of the
following that occurred within the five (5) years
immediately before the current offense:
(1) Any conviction for an offense of refusing to
submit to a chemical test; and
(2) Any suspension or revocation of driving privileges
for an arrest for refusing to submit to a
chemical test when the person was not subsequently
acquitted of the criminal charge.
(e) In addition to any other penalty provided for
in this section:
(1) If the person is a resident without a license or
permit to operate a motor vehicle in this state, the
office shall deny to that person the issuance of a
license or permit for a period of six (6) months for a
first offense; and
(2) For a second or subsequent offense by a resident
without a license or permit to operate a motor
vehicle, the office shall deny to that person the
issuance of a license or permit for a period of one (1)
year.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 277, § 1; 1995, No.
802, §§ 4, 5; 1999, No. 1077, § 15; 2001, No. 1501, § 3; 2003, No.
1779, § 2; 2005, No. 1234, § 1; 2007, No. 712, § 2; 2009, No. 359,
§ 4; 2009, No. 633, § 4, 2009, No. 748, § 30.
5-65-206. Evidence in prosecution.
(a) In any criminal prosecution of a person
charged with the offense of driving while intoxicated,
the amount of alcohol in the defendant’s
breath or blood at the time or within four (4) hours
of the alleged offense, as shown by chemical analysis
of the defendant’s blood, urine, breath, or other
bodily substance gives rise to the following:
(1) If there was at that time an alcohol concentration
of four hundredths (0.04) or less in the defendant’s
blood, urine, breath, or other bodily substance,
it is presumed that the defendant was not
under the influence of intoxicating liquor; and
(2) If there was at the time an alcohol concentration
in excess of four hundredths (0.04) but less than
eight hundredths (0.08) by weight of alcohol in the
defendant’s blood, urine, breath, or other bodily
substance, this fact does not give rise to any presumption
that the defendant was or was not under
the influence of intoxicating liquor, but this fact may
be considered with other competent evidence in
determining the guilt or innocence of the defendant.
(b) The provisions in subsection (a) of this section
shall not be construed as limiting the introduction of
any other relevant evidence bearing upon the question
of whether or not the defendant was intoxicated.
(c) The chemical analysis referred to in this section
shall be made by a method approved by the
State Board of Health.
(d)(1)(A) Except as provided in subsection (e) of
this section, a record or report of a certification,
rule, evidence analysis, or other document pertaining
to work performed by the Office of Alcohol
Testing of the Department of Health under the
authority of this chapter shall be received as
competent evidence as to the matters contained in
the record or report in a court of this state, subject
to the applicable rules of criminal procedure when
duly attested to by the Director of the Office of
Alcohol Testing of the Department of Health or his
or her assistant, in the form of an original signature
or by certification of a copy.
(B) A document described in subdivision
(d)(1)(A) of this section is self-authenticating.
(2) However, the instrument performing the
chemical analysis shall have been duly certified at
least one (1) time in the last three (3) months
preceding arrest, and the operator of the instrument
shall have been properly trained and certified.
(3) Nothing in this section is deemed to abrogate
a defendant’s right to confront the person who
performs the calibration test or check on the instrument,
the operator of the instrument, or a representative
of the office.
(4) The testimony of the appropriate analyst or
official may be compelled by the issuance of a proper
subpoena by the party who wishes to call the appropriate
analyst or official given ten (10) days prior to
the date of hearing or trial, in which case the record
or report is admissible through the analyst or official,
who is subject to cross-examination by the
defendant or his or her counsel.
(e) When a chemical analysis of a defendant’s
blood, urine, or other bodily substance is made by
the State Crime Laboratory for the purpose of ascertaining
the presence of one (1) or more controlled
substances or any intoxicant, other than alcohol, in
any criminal prosecution under § 5-65-103, § 5-65-
303, or § 5-10-105, the provisions of § 12-12-313
govern the admissibility of the chemical analysis
into evidence rather than the provisions of this
section.
5-65-207. Alcohol testing devices.
(a)(1) Any instrument used to determine the alcohol
content of the breath for the purpose of determining
if the person was operating a motor vehicle
while intoxicated or with an alcohol concentration of
eight hundredths (0.08) or more shall be so constructed
that the analysis is made automatically
when a sample of the person’s breath is placed in the
instrument, and without any adjustment or other
action of the person administering the analysis.
(2) The instrument shall be so constructed that
the alcohol content is shown by visible digital display
on the instrument and on an automatic readout.
(b) Any breath analysis made by or through the
use of an instrument that does not conform to the
requirements prescribed in this section is inadmissible
in any criminal or civil proceeding.
(c)(1) The State Board of Health may adopt appropriate
rules and regulations to carry out the
intent and purposes of this section, and only instruments
approved by the board as meeting the requirements
of this section and regulations of the
board shall be used for making the breath analysis
for determining alcohol concentration.
(2)(A) The Department of Health specifically may
limit by its rules the types or models of testing
devices that may be approved for use in Arkansas
for the purposes set forth in this section.
(B) The approved types or models shall be
specified by manufacturer’s name and model.
(d) Any law enforcement agency that conducts
alcohol testing shall maintain full compliance with
this section.
History. Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 —
75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No.
827, § 81.
5-65-208. Motor vehicle accidents — Testing
required.
(a)(1) When the driver of a motor vehicle is involved
in an accident resulting in loss of human life
or when there is reason to believe death may result,
in addition to a penalty established elsewhere under
state law, a chemical test of the driver’s blood,
breath, or urine shall be administered to the driver,
even if fatally injured, to determine the presence of
and percentage of concentration of alcohol or the
presence of drugs, or both, in the driver’s body.
(b)(1) The law enforcement agency that investigates
an accident described in subsection (a) of this
section, the physician in attendance, or any other
person designated by state law shall order the
chemical test as soon as practicable.
(2)(A) The medical personnel who conducted the
chemical test under subsection (a) of this section
of the driver’s blood, breath, or urine shall forward
the results of the chemical test to the Department
of Arkansas State Police, and the department
shall establish and maintain the results of the
analyses required by subsection (a) of this section
in a database.
(B) The information in the database shall re-
flect the number of fatal motor vehicle accidents in
which:
(i) Alcohol was found to be a factor, with the
percentage of alcohol concentration involved;
(ii) Drugs were found to be a factor, listing the
class of drugs so found and their amounts; and
(iii) Both alcohol and drugs were found to be
factors, with the percentage of alcohol concentration
involved, and listing the class of drugs so
found and their amounts.
(c) The results of the analyses required by this
section shall be reported to the department and may
be used by state and local officials for statistical
purposes that do not reveal the identity of the
deceased person or for any law enforcement purpose,
including prosecution for the violation of any law.
History. Acts 1995, No. 711, § 2; 1995, No. 1105, § 2; 2003, No.
950, § 1; 2009, No. 423, § 1; 2011, No. 1120, § 13.
SUBCHAPTER 3—UNDERAGE DRIVING UNDER
THE INFLUENCE LAW
SECTION.
5-65-301. Title.
5-65-302. Definitions.
5-65-303. Conduct proscribed.
5-65-304. Seizure, suspension, and revocation of license — Temporary
permits.
5-65-305. Fines.
5-65-306. Public service work.
5-65-307. Alcohol and driving education program.
5-65-308. No probation prior to adjudication of guilt.
5-65-309. Implied consent.
5-65-310. Refusal to submit.
5-65-311. Relationship to other laws.
5-65-301. Title.
This subchapter may be known and cited as the
“Underage Driving Under the Influence Law” or the
“Underage DUI Law”.
History. Acts 1993, No. 863, § 1.
5-65-302. Definitions.
As used in this subchapter:
(1) “Influence” means being controlled or affected
by the ingestion of an alcoholic beverage or similar
intoxicant, or any combination of an alcoholic beverage
or similar intoxicant, to such a degree that the
driver’s reactions, motor skills, and judgment are
altered or diminished, even to the slightest scale,
and the underage driver, therefore, due to inexperience
and lack of skill, constitutes a danger of physi-
cal injury or death to himself or herself and other
motorists or pedestrians; and
(2) “Underage” means any person who is under
twenty-one (21) years of age and therefore may not
legally consume alcoholic beverages in Arkansas.
History. Acts 1993, No. 863, § 2.5-65-303. Conduct proscribed.
(a) It is unlawful and punishable as provided in
this subchapter for any underage person to operate
or be in actual physical control of a motor vehicle
while under the influence of an alcoholic beverage or
similar intoxicant.
(b) It is unlawful and punishable as provided in
this subchapter for any underage person to operate
or be in actual physical control of a motor vehicle if
at that time there was an alcohol concentration of
two-hundredths (0.02) but less than eight-hundredths
(0.08) in the underage person’s breath or
blood as determined by a chemical test of the underage
person’s blood or breath or other bodily substance.
History. Acts 1993, No. 863, § 3; 2001, No. 561, § 14.
5-65-304. Seizure, suspension, and revocation
of license — Temporary permits.
(a) At the time of arrest for violating § 5-65-303,
the arresting law enforcement officer shall seize the
motor vehicle operator’s license of the underage
person arrested and issue to the underage person a
temporary driving permit as provided by § 5-65-
402.
(b)(1) The Office of Driver Services shall suspend
or revoke the driving privileges of the arrested
underage person under the provisions of § 5-65-402
and the arrested underage person shall have the
same right to hearing and judicial review as provided
under § 5-65-402.
(2) The suspension or revocation shall be as follows:
(A) Suspension for ninety (90) days for the first
offense of violating § 5-65-303;
(B) Suspension for one (1) year for the second
offense of violating § 5-65-303; and
(C)(i) Revocation for the third or subsequent
offense of violating § 5-65-303 occurring while the
person is underage.
(ii) Revocation is until the underage person
reaches twenty-one (21) years of age or for a
period of three (3) years, whichever is longer.
(c) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested underage person’s driving privileges,
the office shall consider as a previous offense:
(1) Any conviction for violating § 5-65-103 or § 5-
65-303; and
(2) Any suspension or revocation of driving privileges
for an arrest for a violation of § 5-65-103 or
§ 5-65-303 when the person was not subsequently
acquitted of the criminal charge.
(d)(1)(A)(i) The office shall charge a fee to be
calculated as provided under subdivision (d)(2)(B)
of this section for reinstating a driver’s license
suspended because of a violation of § 5-65-303 or
§ 5-65-310.
(ii) Forty percent (40%) of the revenues derived
from this fee shall be deposited into the State
Treasury as special revenues and credited to the
Public Health Fund to be used exclusively for the
Blood Alcohol Program of the Department of
Health.
(B) The reinstatement fee is calculated by multiplying
twenty-five dollars ($25.00) by each separate
occurrence of an offenses resulting in an
administrative suspension order under § 5-65-
303 unless the administrative suspension order
has been removed because:
(i) The person has been found not guilty of the
offense by a circuit court or district court; or
(ii) A de novo review of the administrative suspension
order by the office results in the removal.
(C) The fee under this section is supplemental
to and in addition to any fee imposed under
§ 5-65-119, § 5-65-310, § 27-16-508, or § 27-16-
808.
(2) As used in this subsection, “occurrence” means
each separate calendar date when an offense or
offenses take place.
History. Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No.
1992, § 2; 2007, No. 712, § 3.
5-65-305. Fines.
(a) Any person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-303 or
§ 5-65-310 shall be fined:
(1) No less than one hundred dollars ($100) and
not more than five hundred dollars ($500) for the
first offense;
(2) No less than two hundred dollars ($200) and
not more than one thousand dollars ($1,000) for the
second offense occurring underage; and
(3) No less than five hundred dollars ($500) and
not more than two thousand dollars ($2,000) for the
third or subsequent offense occurring underage.
(b) For the purpose of determining an underage
person’s fine under this subchapter, an underage
person who has one (1) or more previous convictions
or suspensions for a violation of § 5-65-103 or § 5-
65-205 is deemed to have a conviction for a violation
of this subchapter for each conviction for driving
while intoxicated.
History. Acts 1993, No. 863, § 5; 1999, No. 1077, § 17.
5-65-306. Public service work.
(a) Any underage person who pleads guilty or
nolo contendere to or is found guilty of violating
§ 5-65-303 or § 5-65-310 shall be ordered by the
court to perform public service work of the type and
for the duration as deemed appropriate by the court.
(b) The period of community service shall be for:
(1) No less than thirty (30) days for a second
offense of violating § 5-65-303; and
(2) No less than sixty (60) days for a third or
subsequent offense of violating § 5-65-303.
History. Acts 1993, No. 863, § 6; 1999, No. 1077, § 18.
5-65-307. Alcohol and driving education program.
(a)(1)(A) Any person who has his or her driving
privileges suspended, revoked, or denied for violating
§ 3-3-203, § 5-65-310, or § 5-65-303 is required
to complete an alcohol and driving education
program for underage drivers as prescribed
and approved by the Office of Alcohol and Drug
Abuse Prevention or an alcoholism treatment program
licensed by the Office of Alcohol and Drug
Abuse Prevention, or both, in addition to any
other penalty provided in this chapter.
(B) If during the period of suspension or revocation
in subdivision (a)(1)(A) of this section the
underage person commits an additional violation
of § 3-3-203 or § 5-65-303, the underage person is
also required to complete an approved alcohol and
driving education program or alcoholism treatment
program for each additional violation.
(2) The Office of Alcohol and Drug Abuse Prevention
shall approve only those programs in alcohol
and driving education that are targeted at the
underage driving group and are intended to intervene
and prevent repeat occurrences of driving under
the influence or driving while intoxicated.
(3)(A)(i) The alcohol and driving education program
may collect a program fee of up to one
hundred twenty-five dollars ($125) per enrollee to
offset program costs.
(ii) An underage person ordered to complete an
alcohol and driving education program or an alcoholism
treatment program under this section may
be required to pay, in addition to the costs collected
for the program, a fee of up to twenty-five
dollars ($25.00) to offset the additional costs associated
with reporting requirements under this
subchapter.
(B) An approved alcohol and driving education
program shall report monthly to the Office of
Alcohol and Drug Abuse Prevention all revenue
derived from these fees.
(b) Prior to reinstatement of a driver’s license
suspended or revoked under this subchapter, the
driver shall furnish proof of attendance at and
completion of the alcohol and driving education
program or alcoholism treatment program required
under subdivision (a)(1) of this section.
(c) The Office of Alcohol and Drug Abuse Prevention
may promulgate rules reasonably necessary to
carry out the purposes of this section regarding the
approval and monitoring of the alcohol and driving
education programs.
(d)(1)(A) A person whose license is suspended or
revoked for violating § 5-65-303 or § 5-65-310
shall:
(i) Both:
(a) Furnish proof of attendance at and completion
of the alcohol and driving education program
or alcoholism treatment program required under
subdivision (a)(1) of this section and at a victim
impact panel as provided in § 5-65-121 before
reinstatement of his or her suspended or revoked
driver’s license; and
(b) Pay any fee for reinstatement required under
§ 5-65-119, § 5-65-304, or § 5-65-121; or
(ii) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(B) An application for reinstatement shall be
made to the Office of Driver Services.
(2) Even if a person has filed a de novo petition for
review pursuant to § 5-65-402, the person is entitled
to reinstatement of driving privileges upon
complying with this subsection and is not required
to postpone reinstatement until the disposition of
the de novo review in circuit court has occurred.
(3)(A) A person suspended under this subchapter
may enroll in an alcohol education program prior
to disposition of the offense by the circuit court,
district court, or city court, but is not entitled to
any refund of fees paid if the charges are dismissed
or if the person is acquitted of the charges.
(B) A person who enrolls in an alcohol education
program is not entitled to any refund of fees
paid if the person is subsequently acquitted.
(e) Any alcohol and driving education program
shall remit the fees imposed under this section to
the Office of Alcohol and Drug Abuse Prevention.
History. Acts 1993, No. 863, § 7; 1995, No. 1256, § 20; 1995 (1st
Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 19; 2003, No. 1462, § 3;
2005, No. 1768, § 4; 2007, No. 251, § 3; 2009, No. 946, § 2.
5-65-308. No probation prior to adjudication
of guilt.
(a)(1) Section 16-93-301 et seq. allows a circuit
court judge, district court judge, or city court judge
to place on probation a first offender who plead
guilty or nolo contendere prior to an adjudication of
guilt, and upon successful completion of probation,
the circuit court judge, district court judge, or city
court judge may discharge the accused without a
court adjudication of guilt and expunge the record.
(2)(A) No circuit court judge, district court judge,
or city court judge may utilize the provisions of
§ 16-93-301 et seq. in an instance in which an
underage person is charged with violating § 5-65-
303.
(B) Notwithstanding the provisions of § 5-4-
301, § 5-4-322, or subdivision (a)(2)(A) of this
section, in addition to the mandatory penalties
required for a violation of § 5-65-303 a circuit
court judge, district court judge, or city court judge
may utilize probationary supervision solely for the
purpose of monitoring compliance with his or her
orders and require an offender to pay a reasonable
fee in an amount to be established by the circuit
court judge, district court judge, or city court
judge.
(b) Any magistrate or judge of a court shall keep
or cause to be kept a record of any violation of this
subchapter presented to that court and shall keep a
record of any official action by that court in reference
to the violation of this subchapter, including, but not
limited to, a record of any finding of guilt, plea of
guilty or nolo contendere, or judgment of acquittal,
and the amount of fine and other sentence.
(c) Within thirty (30) days after sentencing a
person who has been found guilty or pleaded guilty
or nolo contendere on a charge of violating any
provision of this subchapter, any magistrate of the
court or clerk of the court shall prepare and immediately
forward to the Office of Driver Services an
abstract of the record of the court covering the case
in which the person was found guilty or pleaded
guilty or nolo contendere, and the abstract shall be
certified by the person so required to prepare it to be
true and correct.
(d) The abstract shall be made upon a form furnished
by the office and shall include:
(1) The name and address of the party charged;
(2) The number, if any, of the driver’s license of
the party charged;
(3) The registration number of the vehicle involved;
(4) The date of hearing;
(5) The plea;
(6) The judgment; and
(7) The amount of the fine and other sentence, as
the case may be.
History. Acts 1993, No. 863, § 8; 2005, No. 1768, § 5.
5-65-309. Implied consent.
(a) Any underage person who operates a motor
vehicle or is in actual physical control of a motor
vehicle in this state is deemed to have given consent,
subject to the provisions of § 5-65-203, to a chemical
test of his or her blood, breath, or urine for the
purpose of determining the alcohol or controlled
substance content of his or her breath or blood if:
(1) The underage person is arrested for any offense
arising out of an act alleged to have been
committed while the underage person was driving
while under the influence or driving while there was
an alcohol concentration of two-hundredths (0.02)
but less than eight-hundredths (0.08) in his or her
breath or blood;
(2) The underage person is involved in an accident
while operating or in actual physical control of
a motor vehicle; or
(3) The underage person is stopped by a law
enforcement officer who has reasonable cause to
believe that the underage person, while operating or
in actual physical control of a motor vehicle, is under
the influence or has an alcohol concentration of
two-hundredths (0.02) but less than eight-hundredths
(0.08) in his or her breath or blood.
(b) Any underage person who is dead, unconscious,
or otherwise in a condition rendering him or
her incapable of refusal is deemed not to have
withdrawn the consent provided by subsection (a) of
this section, and a chemical test may be administered
subject to the provisions of § 5-65-203.
History. Acts 1993, No. 863, § 9; 2001, No. 561, § 15.
5-65-310. Refusal to submit.
(a)(1) If an underage person under arrest refuses
upon the request of a law enforcement officer to
submit to a chemical test designated by the law
enforcement agency, as provided in § 5-65-309, no
chemical test shall be given, and the underage
person’s driver’s license shall be seized by the law
enforcement officer, and the law enforcement officer
shall immediately deliver to the underage person
from whom the driver’s license was seized a temporary
driving permit, as provided by § 5-65-402.
(2) Refusal to submit to a chemical test under this
subsection is a strict liability offense and is a violation
pursuant to § 5-1-108.
(b)(1) The Office of Driver Services shall suspend
or revoke the driving privileges of the arrested
underage person under § 5-65-402.
(2) The office shall suspend the underage person’s
driving privileges as follows:
(A) Suspension for ninety (90) days for a first
offense under this section;
(B) Suspension for one (1) year for a second
offense under this section; and
(C)(i) Revocation for the third or subsequent
offense occurring while the person is underage.
(ii) Revocation is until the underage person
reaches twenty-one (21) years of age or for a
period of three (3) years, whichever is longer.
(c) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested underage person’s driving privileges,
the office shall consider as a previous offense:
(1) Any conviction for violating § 5-65-310; and
(2) Any suspension or revocation of driving privileges
for an arrest for a violation of § 5-65-310 when
the person was not subsequently acquitted of the
criminal charge.
(d) In addition to any other penalty provided for
in this section, if the underage person is a resident
without a license or permit to operate a motor
vehicle in this state:
(1) The office shall deny to that underage person
the issuance of a license or permit for a period of six
(6) months for a first offense; and
(2) For a second or subsequent offense by an
underage resident without a license or permit to
operate a motor vehicle, the office shall deny to that
underage person the issuance of a license or permit
for a period of one (1) year.
(e) When an underage nonresident’s privilege to
operate a motor vehicle in this state has been
suspended, the office shall notify the office of issuance
of that underage person’s nonresident motor
vehicle license of action taken by the office.
(f)(1)(A) The office shall charge a reinstatement
fee to be calculated as provided under subdivision
(f)(1)(B) of this section for reinstating a driver’s
license suspended or revoked for a violation of this
section.
(B) The reinstatement fee is calculated by multiplying
twenty-five dollars ($25.00) by the number
of offenses resulting in an administrative
suspension order under § 5-65-310 unless the
administrative suspension order has been removed
because:
(i) The person has been found not guilty of the
offense by a circuit court or district court; or
(ii) The office has entered an administrative
suspension order.
(C) The fee under subdivision (f)(1)(A) of this
section is supplemental to and in addition to any
fee imposed by § 5-65-119, § 5-65-304, § 27-16-
508, or § 27-16-808.
(2) Forty percent (40%) of the revenues derived
from the reinstatement fee under this subsection
shall be deposited into the State Treasury as special
revenues and credited to the Public Health Fund to
be used exclusively for the Blood Alcohol Program of
the Department of Health.
History. Acts 1993, No. 863, § 10; 1999, No. 1077, § 20; 2005,
No. 1992, § 5; 2007, No. 712, § 4; 2009, No. 633, § 5.
5-65-311. Relationship to other laws.
(a) A penalty prescribed in this subchapter for
underage driving under the influence is in addition
to any other penalty prescribed by law for the
offense under another law of the State of Arkansas.
(b) For the purposes of this subchapter, there is
no presumption, as there is found in § 5-65-206,
that an underage person is not under the influence
of an intoxicating substance, such as alcohol or a
similar intoxicant, if the underage person’s alcohol
concentration is four hundredths (0.04) or less.
(c) The following are the same for a chemical test
or instrument used for testing breath or blood alcohol
concentration under the Omnibus DWI Act,
§ 5-65-101 et seq:
(1) The administration of a chemical test for
breath or blood alcohol;
(2) The instrument used to administer the chemical
test;
(3) The procedure used to calibrate and maintain
the instrument; and
(4) The use of the chemical test results as evidence.
(d) If there is evidence of an alcohol concentration
of more than four-hundredths (0.04) but less than
eight-hundredths (0.08) in an underage person’s
blood, breath, or other bodily substance, this fact
does not preclude the underage person from being
prosecuted for driving while intoxicated under the
Omnibus DWI Act, § 5-65-101 et seq.
History. Acts 1993, No. 863, § 11; 2001, No. 561, § 16.
SUBCHAPTER 4—ADMINISTRATIVE DRIVER’S
LICENSE SUSPENSION
SECTION.
5-65-401. Definitions.
5-65-402. Surrender of license or permit to arresting officer.
5-65-403. Notice and receipt from arresting officer.
5-65-401. Definitions.
As used in this subchapter:
(1) “Disqualification” means a prohibition against
driving a commercial motor vehicle;
(2) “Immobilization” means revocation or suspension
of the registration or license plate of a motor
vehicle; and
(3) “Sworn report” means a signed and written
statement of a certified law enforcement officer,
under penalty of perjury, on a form provided by the
Director of the Department of Finance and Administration.
History. Acts 1999, No. 1077, § 21.
5-65-402. Surrender of license or permit to
arresting officer.
(a)(1)(A) At the time of arrest for violating § 3-3-
203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205,
§ 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-
23-114(a)(2), or § 27-23-114(a)(5), the arrested
person shall immediately surrender his or her
license, permit, or other evidence of driving privilege
to the arresting law enforcement officer.
(B) The arresting law enforcement officer shall
seize the license, permit, or other evidence of
driving privilege surrendered by the arrested person
or found on the arrested person during a
search.
(C)(i) If a juvenile, as defined in the Arkansas
Juvenile Code of 1989, § 9-27-301 et seq., is
arrested for violating § 3-3-203(a) or § 5-27-
503(a)(3), the arresting officer shall issue the
juvenile a citation to appear for a juvenile intake
with a juvenile intake officer.
(ii) The arresting officer shall forward a copy of
the citation and the license, permit, or other
evidence of the driving privilege to the juvenile
office before the scheduled juvenile intake.
(iii) Juveniles subject to the jurisdiction of the
circuit court under § 9-27-301 et seq. shall not be
subject to this section, except as provided in this
subdivision (a)(1).
(2)(A)(i) If the license, permit, or other evidence of
driving privilege seized by the arresting law enforcement
officer has not expired and otherwise
appears valid to the arresting law enforcement
officer, the arresting law enforcement officer shall
issue to the arrested person a dated receipt for
that license, permit, or other evidence of driving
privilege on a form prescribed by the Office of
Driver Services.
(ii) This receipt shall be recognized as a license
and authorizes the arrested person to operate a
motor vehicle for a period not to exceed thirty (30)
days.
(B)(i) The receipt form shall contain and shall
constitute a notice of suspension, disqualification,
or revocation of driving privileges by the office,
effective in thirty (30) days, notice of the right to a
hearing within twenty (20) days, and if a hearing
is to be requested, as notice that the hearing
request is required to be made within seven (7)
calendar days of the notice being given.
(ii) The receipt shall also contain phone numbers
and the address of the office and inform the
driver of the procedure for requesting a hearing.
(C) If the office is unable to conduct a hearing
within the twenty-day period, a temporary permit
shall be issued and is valid until the date of the
hearing.
(D)(i) The seized license, permit, or other evidence
of driving privilege and a copy of the receipt
form issued to the arrested person shall be attached
to the sworn report of the arresting law
enforcement officer and shall be submitted by mail
or in person to the office or its designated representative
within seven (7) days of the issuance of
the receipt.
(ii) The failure of the arresting law enforcement
officer to timely file the sworn report does not
affect the authority of the office to suspend, disqualify,
or revoke the driving privilege of the
arrested person.
(3)(A) Any notice from the office required under
this subchapter that is not personally delivered
shall be sent by certified mail and is deemed to
have been delivered on the date when postmarked
and shall be sent to the last known address on file
with the office.
(B) Refusal of the addressee to accept delivery
or attempted delivery of the notice at the address
obtained by the arresting law enforcement officer
or on file with the office does not constitute nonreceipt
of notice.
(C) For any notice that is personally delivered,
the person shall be asked to sign a receipt acknowledging
he or she received the required notice.
(4)(A) The office or its designated official shall
suspend, revoke, or disqualify the driving privilege
of an arrested person or any nonresident
driving privilege of an arrested person when it
receives a sworn report from the arresting law
enforcement officer that he or she had reasonable
grounds to believe the arrested person:
(i) Was under twenty-one (21) years of age and
purchased or was in possession of intoxicating
liquor, wine, or beer in violation of § 3-3-203(a);
(ii) Was under twenty-one (21) years of age and
attempted to purchase an alcoholic beverage or
use a fraudulent or altered personal identification
document for the purpose of purchasing an alcoholic
beverage illegally or other material or substance
restricted to adult purchase or possession
under existing law in violation of § 5-27-503(a)(3);
or
(iii) Had been operating or was in actual physical
control of a motor vehicle in violation of § 5-
65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-
114(a)(2) and the sworn report is accompanied by:
(a) A written chemical test report or a sworn
report that the arrested person was operating or
in actual physical control of a motor vehicle in
violation of § 5-65-103, § 5-65-303, or § 27-23-
114; or
(b) A sworn report that the arrested person
refused to submit to a chemical test of blood,
breath, or urine for the purpose of determining the
alcohol or controlled substance content of the
arrested person’s blood in violation of § 5-65-205,
§ 5-65-310, or § 27-23-114(a)(5).
(B) The suspension, disqualification, or revocation
shall be based as follows:
(i) The driving privileges of any person violating
§ 5-65-103 shall be suspended or revoked as
provided by § 5-65-104;
(ii) The driving privileges of any person violating
§ 5-65-205(a) shall be suspended or revoked
as provided by § 5-65-205(b);
(iii) The driving privileges of any person violating
§ 5-65-303 shall be suspended or revoked as
provided by § 5-65-304(b);
(iv) The driving privileges of any person violating
§ 5-65-310(a) shall be suspended or revoked
as provided by § 5-65-310(b);
(v) The driving privileges of any person violating
§ 27-23-114(a)(1) or § 27-23-114(a)(2) shall be
disqualified as provided by § 27-23-112;
(vi) The driving privileges of any person violating
§ 27-23-114(a)(5) shall be disqualified as provided
by § 27-23-112;
(vii) The driving privileges of any person violating
§ 3-3-203(a) shall be suspended, revoked, or
disqualified as provided by § 3-3-203(c); and
(viii) The driving privileges of any person violating
§ 5-27-503(a)(3) shall be suspended, revoked,
or disqualified as provided by § 5-27-
503(d).
(5) In addition to any other penalty provided for
in this section, if the arrested person is a resident
without a license or permit to operate a motor
vehicle in this state:
(A) The office shall deny to that arrested person
the issuance of a license or permit for a period of
six (6) months for a first offense; and
(B) For a second or subsequent offense by a
resident without a license or permit to operate a
motor vehicle, the office shall deny to that arrested
person the issuance of a license or permit
for a period of one (1) year.
(6)(A)(i) If the arrested person is a nonresident,
the arrested person’s privilege to operate a motor
vehicle in Arkansas shall be suspended in the
same manner as that of a resident.
(ii) The office shall notify the office that issued
the nonresident’s motor vehicle license of the
action taken by the office.
(B) When the arrested person is a nonresident
without a license or permit to operate a motor
vehicle, the office shall notify the office of issuance
for that arrested person’s state of residence of
action taken by the office.
(7)(A) Upon the written request of a person whose
privilege to drive has been revoked, denied, disqualified,
or suspended, or who has received a
notice of revocation, suspension, disqualification,
or denial by the arresting law enforcement officer,
the office shall grant the person an opportunity to
be heard if the request is received by the office
within seven (7) calendar days after the notice of
the revocation, suspension, disqualification, or denial
is given in accordance with this section or as
otherwise provided in this chapter.
(B) A request described in subdivision (a)(7)(A)
of this section does not operate to stay the revocation,
suspension, disqualification, or denial by the
office until the disposition of the hearing.
(8)(A) The hearing shall be before the office or its
authorized agent, in the office of the Revenue
Division of the Department of Finance and Administration
nearest the county where the alleged
event occurred for which the person was arrested,
unless the office or its authorized agent and the
arrested person agree otherwise to the hearing’s
being held in some other county or that the office
or its authorized agent may schedule the hearing
or any part of the hearing by telephone and
conduct the hearing by telephone conference call.
(B) The hearing shall not be recorded.
(C) At the hearing, the burden of proof is on the
state and the decision shall be based on a preponderance
of the evidence.
(D) The scope of the hearing shall cover the
issues of whether the arresting law enforcement
officer had reasonable grounds to believe that the
person:
(i) Had been operating or was in actual physical
control of a motor vehicle or commercial motor
vehicle while:
(a) Intoxicated or impaired;
(b) The person’s blood alcohol concentration
measured by weight of alcohol in the person’s
blood was equal to or greater than the blood
alcohol concentration prohibited by § 5-65-103(b);
(c) The blood alcohol concentration of a person
under twenty-one (21) years of age was equal to or
greater than the blood alcohol concentration prohibited
by § 5-65-303; or
(d) The person’s blood alcohol concentration
measured by weight of alcohol in the person’s
blood was equal to or greater than the blood
alcohol concentration prohibited by § 27-23-114;
(ii) Refused to submit to a chemical test of the
blood, breath, or urine for the purpose of determining
the alcohol or controlled substance contents
of the person’s blood and whether the person
was placed under arrest;
(iii) Was under twenty-one (21) years of age and
purchased or was in possession of any intoxicating
liquor, wine, or beer; or
(iv) Was under twenty-one (21) years of age and
attempted to purchase an alcoholic beverage or
use a fraudulent or altered personal identification
document for the purpose of purchasing an alcoholic
beverage illegally or other material or substance
restricted to adult purchase or possession
under existing law.
(E)(i) The office or its agent at the hearing shall
consider any document submitted to the office by
the arresting law enforcement agency, document
submitted by the arrested person, and the statement
of the arrested person.
(ii) The office shall not have the power to compel
the production of documents or the attendance
of witnesses.
(F)(i) If the revocation, suspension, disqualifi-
cation, or denial is based upon a chemical test
result indicating that the arrested person was
intoxicated or impaired and a sworn report from
the arresting law enforcement officer, the scope of
the hearing shall also cover the issues as to
whether:
(a) The arrested person was advised that his or
her privilege to drive would be revoked, disquali-
fied, suspended, or denied if the chemical test
result reflected an alcohol concentration equal to
or in excess of the amount by weight of blood
provided by law or the presence of other intoxicating
substances;
(b) The breath, blood, or urine specimen was
obtained from the arrested person within the
established and certified criteria of the Department
of Health;
(c) The chemical testing procedure used was in
accordance with existing rules; and
(d) The chemical test result in fact reflects an
alcohol concentration, the presence of other intoxicating
substances, or a combination of alcohol
concentration or other intoxicating substance.
(ii) If the revocation, suspension, disqualification,
or denial is based upon the refusal of the
arrested person to submit to a chemical test as
provided in § 5-65-205, § 5-65-310, or § 27-23-
114(a)(5), reflected in a sworn report by the arresting
law enforcement officer, the scope of the hearing
shall also include whether:
(a) The arrested person refused to submit to the
chemical test; and
(b) The arrested person was informed that his
or her privilege to drive would be revoked, disqualified,
suspended, or denied if the arrested
person refused to submit to the chemical test.
(b) After the hearing, the office or its authorized
agent shall order the revocation, suspension, disqualification,
or denial to be rescinded or sustained
and shall then advise any person whose license is
revoked, suspended, or denied that he or she may
request a restricted permit as otherwise provided for
by this chapter.
(c)(1)(A) A person adversely affected by the hearing
disposition order of the office or its authorized
agent may file a de novo petition for review within
thirty (30) days in the circuit court in the county in
which the offense took place.
(B) A copy of the decision of the office shall be
attached to the petition.
(C) The petition shall be served on the Director
of the Department of Finance and Administration
under Rule 4 of the Arkansas Rules of Civil
Procedure.
(2)(A) The filing of a petition for review does not
stay or place in abeyance the decision of the office
or its authorized agent.
(B) If the circuit court issues an order staying
the decision or placing the decision in abeyance,
the circuit court shall transmit a copy of the order
to the office in the same manner that convictions
and orders relating to driving records are sent to
that office.
(C)(i) The circuit court shall hold a final hearing
on the de novo review within one hundred
twenty (120) days after the date that the order
staying the decision or placing the decision in
abeyance is entered.
(ii) The circuit court may conduct the final
hearing by telephone conference with the consent
of the parties.
(3) An administrative hearing held pursuant to
this section is exempt from the Arkansas Administrative
Procedure Act, § 25-15-201 et seq.
(4)(A) On review, the circuit court shall hear the
case de novo in order to determine based on a
preponderance of the evidence whether a ground
exists for revocation, suspension, disqualification,
or denial of the person’s privilege to drive.
(B) If the results of a chemical test of blood,
breath, or urine are used as evidence in the
suspension, revocation, or disqualification of the
person’s privilege to drive, then the provisions of
§ 5-65-206 shall apply in the circuit court proceeding.
(d)(1) Any decision rendered at an administrative
hearing held under this section shall have no effect
on any criminal case arising from any violation of
§ 3-3-203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-
205, § 5-65-303, § 5-65-310, § 27-23-114(a)(1),
§ 27-23-114(a)(2), or § 27-23-114(a)(5).
(2) Any decision rendered by a court of law for a
criminal case arising from any violation of § 3-3-
203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205,
§ 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-23-
114(a)(2), or § 27-23-114(a)(5) shall affect the administrative
suspension, disqualification, or revocation
of the driver’s license as follows:
(A) A plea of guilty or nolo contendere or a
finding of guilt by the court has no effect on any
administrative hearing held under this section;
(B)(i) An acquittal on the charges or a dismissal
of charges serves to reverse the suspension, disqualification,
or revocation of the driver’s license
suspended or revoked under this section.
(ii) The office shall reinstate the person’s driver’s
license at no cost to the person, and the
charges shall not be used to determine the number
of previous offenses when administratively suspending,
disqualifying, or revoking the driving
privilege of any arrested person in the future; and
(C) The office shall convert any initial administrative
suspension or revocation of a driver’s license
for violating § 5-65-103 to a suspension or
revocation for violating § 5-65-303, if the person
is convicted of violating § 5-65-303 instead of
§ 5-65-103.
(e) Any person whose privilege to drive has been
denied, suspended, disqualified, or revoked shall
remain under the denial, suspension, disqualification,
or revocation and remain subject to penalties
as provided in § 5-65-105 until such time as that
person applies for, and is granted by the office,
reinstatement of the privilege to drive.
(f) The administrative suspension, disqualification,
or revocation of a driver’s license as provided
for by this section is supplementary to and in addition
to a suspension, disqualification, or revocation
of a driver’s license that is ordered by a court of
competent jurisdiction for an offense under §§ 5-64-
710, 5-65-116, and 27-16-914, or any other traffic or
criminal offense in which a suspension, disqualification,
or revocation of the driver’s license is a penalty
for the violation.
(g) [Repealed.]
(h)(1)(A) A person whose license is suspended or
revoked pursuant to this section shall:
(i) Both:
(a) Furnish proof of attendance at and completion
of the alcoholism treatment program, alcohol
education program, or alcohol and driving education
program required by § 5-65-104(b)(1) or § 5-
65-307(a)(1) and, if applicable, at a victim impact
panel as provided in § 5-65-121 before reinstatement
of his or her suspended or revoked driver’s
license; and
(b) Pay any fee for reinstatement required under
§ 5-65-119, § 5-65-304, or, if applicable, § 5-
65-121; or
(ii) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(B) An application for reinstatement shall be
made to the office.
(2) Even if a person has filed a de novo petition for
review pursuant to subsection (c) of this section, the
person is entitled to reinstatement of driving privileges
upon complying with this subsection and is not
required to postpone reinstatement until the disposition
of the de novo review in circuit court has
occurred.
(3) A person suspended under this section may
enroll in an alcohol education program prior to
disposition of the offense by the circuit court, district
court, or city court, but is not entitled to any refund
of a fee paid if the charge is dismissed or if the
person is acquitted of the charge.
(i) Except as provided in subsection (a) of this
section, this section shall not apply to juveniles
subject to § 9-27-301 et seq.
History. Acts 1999, No. 1077, § 21; 2003, No. 541, §§ 2-5; 2005,
No. 1535, § 2; 2005, No. 1768, § 6; 2007, No. 922, § 2; 2009, No.
748, § 32; 2009, No. 946, § 3; 2009, No. 956, §§ 2, 3; 2011, No. 610,
§ 1.
5-65-403. Notice and receipt from arresting
officer.
(a) At the time of arrest for violating § 5-65-103,
§ 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2),
the arresting law enforcement officer shall provide
written notice to the arrested person:
(1) That if the arrested person’s driving privileges
have been suspended, disqualified, or revoked for
violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1),
or § 27-23-114(a)(2) in the previous five (5) years,
the registration of any motor vehicle owned by the
arrested person is suspended effective in thirty (30)
days;
(2) Of the right to a hearing within twenty (20)
days; and
(3) That if a hearing is to be requested the hearing
request is required to be made within seven (7)
calendar days of the notice being given.
(b) The receipt shall also contain phone numbers
and the address of the Office of Driver Services and
inform the arrested person of the procedure for
requesting a hearing.
(c) If the office is unable to conduct a hearing
within the twenty-day period, a temporary permit
shall be issued and is valid until the date of the
hearing.
(d)(1) The seized license, permit, or other evidence
of driving privilege and a copy of the receipt
form issued to the arrested person shall be attached
to the sworn report of the arresting law enforcement
officer and shall be submitted by mail or in person to
the Director of the Department of Finance and
Administration or his or her designated representative
within seven (7) days of the issuance of the
receipt.
(2) The failure of the arresting law enforcement
officer to timely file the sworn report does not affect
the authority of the office to suspend the registration
of any motor vehicle owned by the arrested person.
(e) Any notice from the office required under this
section that is not personally delivered shall be sent
as provided by § 5-65-402.
(f)(1) If the arrested person is a nonresident, the
arrested person’s motor vehicle registration in Arkansas
shall be suspended in the same manner as
that of a resident.
(2) The office shall notify the office that issued the
nonresident’s motor vehicle registration of the action
taken by the office.
(g) The hearing shall be held by the office at the
conclusion of any hearing under § 5-65-402 and the
scope of the hearing is limited to:
(1) Determining if the arrested person’s driving
privileges had been suspended, revoked, or disquali-
fied for violation of § 5-65-103, § 5-65-303, § 27-23-
114(a)(1), or § 27-23-114(a)(2) in the five (5) years
prior to the current offense; and
(2) Determining if any motor vehicle is licensed or
registered in the arrested person’s name as either
owner or co-owner of the motor vehicle.
(h)(1)(A) A person adversely affected by the hearing
disposition order of the office or its authorized
agent may file a de novo petition for review within
thirty (30) days in the circuit court in the county
where the offense took place.
(B) The filing of a petition for review does not
stay or place in abeyance the decision of the office
or its authorized agent.
(2) An administrative hearing held pursuant to
this section is exempt from the Arkansas Administrative
Procedure Act, § 25-15-201 et seq.
(3) On review, the circuit court shall hear the case
de novo in order to determine whether, based on a
preponderance of the evidence, a ground exist for
suspension of the person’s motor vehicle registration.
(i) The suspension ordered shall be equal to the
suspension of driving privileges ordered under § 5-
65-402 or one (1) year, whichever is longer, but shall
not exceed five (5) years.
(j)(1)(A) Upon determination that a person is
completely dependent on the motor vehicle for the
necessities of life, the Director of the Department
of Finance and Administration may grant a restricted
registration to a family member or coowner
of any immobilized motor vehicle.
(B) A restricted registration is not valid for use
by the person whose driving privileges have been
suspended or revoked.
(2) Operation of a motor vehicle in a manner
inconsistent with the restricted registration or license
plate has the same effect as operating an
unlicensed motor vehicle.
(k) If the director orders immobilization of a motor
vehicle, notice of immobilization shall be sent by
first class mail to any persons, other than the
arrested person, listed as an owner or co-owner of
the immobilized motor vehicle in the records of the
Office of Motor Vehicle.