5-65-102. Definitions.

5-65-102. Definitions. As used in this chapter: (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 chapter 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 chapter; (2) “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; (3) “Influence”, with respect to an underage driver, 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 underage driver's reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, due to inexperience and lack of skill, constitutes a danger of physical injury or death to himself or herself or another person; (4) “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, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person; (5)(A) “Motorboat” means any vessel operated upon water and that is propelled by machinery, whether or not the machinery is the principal source of propulsion. (B) “Motorboat” includes personal watercraft as defined in § 27-101-103(10); (6)(A) “Motor vehicle” means a self-propelled, motorized vehicle capable of being operated on a roadway upon or in which a person or property is or may be transported or drawn upon a public or private road or public or private land. (B) “Motor vehicle” includes without limitation: (i) An all-terrain vehicle as defined under § 27-21-102; and (ii) A vehicle designed to be used for agricultural purposes, such as a tractor. (C) “Motor vehicle” does not include: (i) A motor vehicle designed to assist a person with a physical disability with walking; (ii) A motorized scooter or other vehicle designed to be used as a toy by a child; (iii) A bicycle equipped with a small motor designed to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (iv) A riding lawnmower that is not operated on a public roadway; (v) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (vi) A device moved by human power or used exclusively upon stationary rails or tracks; (7) “Serious physical injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; (8) “Sworn report” means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration; (9) “Underage” means any person who is under twenty-one (21) years of age; (10) “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 chapter; and (11) “Waters of this state” means any public waters within the territorial limits of the State of Arkansas.