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27-23-115. Implied consent requirements for commercial motor vehicle drivers.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-115. Implied consent requirements for commercial motor vehicle drivers.
(a) A person who drives a commercial motor vehicle within this state shall be deemed to have given consent to take a test or tests of that person's blood, breath, saliva, or urine for the purpose of determining that person's blood alcohol concentration or the presence of other drugs.
(b)(1) One (1) or more chemical tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his or her system.
(2) It is unlawful and punishable as provided in this chapter for any person so stopped or detained to refuse to submit to the chemical test or tests to determine that person's blood alcohol concentration or the presence of a controlled substance.
(c) A person requested to submit to a chemical test as provided in subsection (a) of this section shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle under §§ 5-65-402 and 27-23-112.
(d) If the person is under arrest and refuses testing, no test shall be given, and the person's commercial driver license or commercial learner permit shall be seized by the law enforcement officer. The officer shall immediately deliver to the person whose license or permit was seized a temporary commercial driving permit as provided by § 5-65-402 and shall cite the person for his or her refusal to submit to the test.
(e) The arresting officer shall remit the seized commercial driver license or commercial learner's permit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-23-115
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f17e3b4093e1bedfbf90aa51830c3d85d0db4d8ffa0925d43ebba955e505069f
Source location: content.xml paragraph 10636
Stored source content
27-23-115. Implied consent requirements for commercial motor vehicle drivers.
(a) A person who drives a commercial motor vehicle within this state shall be deemed to have given consent to take a test or tests of that person's blood, breath, saliva, or urine for the purpose of determining that person's blood alcohol concentration or the presence of other drugs.
(b)(1) One (1) or more chemical tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his or her system.
(2) It is unlawful and punishable as provided in this chapter for any person so stopped or detained to refuse to submit to the chemical test or tests to determine that person's blood alcohol concentration or the presence of a controlled substance.
(c) A person requested to submit to a chemical test as provided in subsection (a) of this section shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle under §§ 5-65-402 and 27-23-112.
(d) If the person is under arrest and refuses testing, no test shall be given, and the person's commercial driver license or commercial learner permit shall be seized by the law enforcement officer. The officer shall immediately deliver to the person whose license or permit was seized a temporary commercial driving permit as provided by § 5-65-402 and shall cite the person for his or her refusal to submit to the test.
(e) The arresting officer shall remit the seized commercial driver license or commercial learner's permit to the Office of Driver Services as provided by § 5-65-402.
(f) The office shall disqualify the person from operating a commercial motor vehicle for a period specified in § 27-23-112 under the procedure set forth in § 5-65-402, and the disqualified person shall have the same right to administrative and judicial review provided by § 5-65-402.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-112. Disqualification and cancellation.
(a)(1) A driver, holder of a commercial driver license, or a holder of a commercial learner's permit who is disqualified shall not drive a commercial motor vehicle.
(2) An employer shall not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle.
(3) A driver is subject to disqualification sanctions designated in this section if the holder of a commercial driver license or the holder of a commercial learner's permit drives a commercial motor vehicle or noncommercial motor vehicle and is convicted of violations.
(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this section, each conviction for any offense listed in this section resulting from a separate incident, whether committed in a commercial motor vehicle or noncommercial motor vehicle, shall be counted.
(5)(A) The Office of Driver Services may reinstate any driver disqualified for life for offenses described in subdivisions (b)(1)-(7) of this section after ten (10) years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the Department of Health.
(B) Any person who has been reinstated in accordance with subdivision (a)(5)(A) of this section and who is subsequently convicted of a disqualifying offense described in subdivisions (b)(1)-(7) of this section shall not be reinstated.
(6) Notwithstanding any other provision of law, an Arkansas court shall not grant a restricted driving permit to operate a commercial motor vehicle.
(7) A disqualification period imposed by this section or by 49 C.F.R. § 383.51, as in effect on January 1, 2013, is in additi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-23-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 the Arkansas Juvenile Code of 1989, § 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 t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-65-402. This identifies an authority to review, not proof of applicability.