Browse Arkansas Code titles and sections
5-64-710. Denial of driving privileges for minor — Restricted permit.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-710. Denial of driving privileges for minor — Restricted permit.
(a)(1) As used in this section “drug offense” means the:
(A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or
(B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter.
(2) As used in subdivision (a)(1) of this section:
(A)(i) “Motor vehicle” means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas.
(ii) “Motor vehicle” includes any:
(a) “Motorcycle”, “motor-driven cycle”, or “motorized bicycle”, as defined in § 27-20-101; and
(b) “Commercial motor vehicle”, as defined in § 27-23-103; and
(B) “Substance the possession of which is prohibited under this chapter” or “substance” means a “controlled substance” or “counterfeit substance”, as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802.
(b)(1)(A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, 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 person under eight
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-710
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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Stable record: arkansas_code:legal_authorities:5-64-710
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 46724c62a6cb7b96eca0bc4d17b66c58f3f03a96a784d18fa55dad26bef0f3d6
Source location: content.xml paragraph 24952
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5-64-710. Denial of driving privileges for minor — Restricted permit.
(a)(1) As used in this section “drug offense” means the:
(A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or
(B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter.
(2) As used in subdivision (a)(1) of this section:
(A)(i) “Motor vehicle” means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas.
(ii) “Motor vehicle” includes any:
(a) “Motorcycle”, “motor-driven cycle”, or “motorized bicycle”, as defined in § 27-20-101; and
(b) “Commercial motor vehicle”, as defined in § 27-23-103; and
(B) “Substance the possession of which is prohibited under this chapter” or “substance” means a “controlled substance” or “counterfeit substance”, as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802.
(b)(1)(A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, 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 person under eighteen (18) years of age.
(B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding.
(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 any 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)(1) Except as provided in subdivision (c)(2) of this section, a penalty prescribed in this section and § 27-16-914 is in addition to any other penalty prescribed by law for an offense covered by this section and § 27-16-914.
(2) A juvenile adjudicated delinquent is subject to a juvenile disposition provided in § 9-27-330.
(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 motor vehicle.
(e) If a juvenile is found delinquent for any offense described in subsection (a) or subsection (b) of this section, the circuit court may order any juvenile disposition available under § 9-27-330.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 802. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 802. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-914. Suspension of driver's license of minor.
Upon receipt of an order of denial of driving privileges under § 5-65-116 or § 5-64-710, the Department of Finance and Administration shall:
(1) Suspend the motor vehicle operator's license of the minor for twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer;
(2) In the event the minor's driver's license is under suspension by the department for another offense or other violations, the minor's driver's license shall be suspended an additional twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer; or
(3) If the minor has not been issued a driver's license, the issuance of a license shall be delayed for an additional twelve (12) months after the minor applies for a license, or until the minor reaches eighteen (18) years of age, whichever is longer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-914
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 27-16-914. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-20-101. Definitions.
As used in this subchapter:
(1) “Motorcycle” means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces more than two hundred fifty cubic centimeters (250 cc);
(2) “Motor-driven cycle” means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty cubic centimeters (250 cc) or less, but this definition shall not include a motorized bicycle;
(3)(A) “Motorized bicycle” means a bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc).
(B) “Motorized bicycle” does not include an electric bicycle as defined in § 27-51-1702; and
(4) “Street or highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-20-101
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 27-20-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-103. Definitions.
As used in this subchapter:
(1) “Alcohol” or “alcoholic beverage” means:
(A) Ethyl alcohol, or ethanol;
(B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore;
(C) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or
(D) Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced;
(2) “Blood alcohol concentration” means:
(A) The number of grams of alcohol per one hundred milliliters (100 ml) of blood;
(B) The number of grams of alcohol per two hundred ten liters (210 l) of breath; or
(C) Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health;
(3) “Commerce” means:
(A) Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and
(B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section;
(4) “Commercial driver license” means a license issued in accordance with the requirements of this subchapter to an individual which authorizes the individual to drive a class of commercial motor vehicle;
(5) “Commercial Driver License Information System”
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-103
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 27-23-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-101. Title.
This chapter shall be known as the “Omnibus DWI or BWI Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-101
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 5-65-101. This identifies an authority to review, not proof of applicability.