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5-65-115. Alcohol treatment or education program — Fee.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-115. Alcohol treatment or education program — Fee.
(a)(1) A 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 Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division.
(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 division all revenue derived from this fee.
(b)(1) A person whose driving privilege 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 driving privilege; 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 under § 5-65-402, he or she is entitled to reinstatement of driving privileges upon complying with this section and is not re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-115
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:5-65-115
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3c71fb7f30039ca4684c8e453bcf2f0838fbc9dbe8ff4215402cbd6c38949d86
Source location: content.xml paragraph 26232
Stored source content
5-65-115. Alcohol treatment or education program — Fee.
(a)(1) A 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 Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division.
(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 division all revenue derived from this fee.
(b)(1) A person whose driving privilege 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 driving privilege; 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 under § 5-65-402, he or she 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 whose driving privilege has been suspended or revoked under this chapter may enroll in an alcohol education program prior to disposition of the case by the circuit court or district court.
(2) However, the person is not entitled to a refund of a fee paid if the charges are dismissed or if the person is acquitted.
(e) An alcohol education program or alcoholism treatment program operating under this chapter shall remit the fees imposed under this section to the division.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-203. Purchase or possession by minor.
(a)(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.
(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
(b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.
(c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
(1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
(2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
(e)(1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, per
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-203
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 3-3-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-103. Driving or boating while intoxicated.
(a)(1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.
(2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or 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 alcohol concentration in § 5-65-204.
(b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.
(c) An alcohol-related offense under this section is a strict liability offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-103
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 5-65-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-303. Driving or boating under the influence while underage.
(a) A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while:
(1) Under the influence of an alcoholic beverage or similar intoxicant; or
(2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.
(b) A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.
(c) An alcohol-related offense under this section is a strict liability offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-303
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 5-65-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-310. Refusal to submit to a chemical test.
(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 for in § 5-65-309:
(A) A chemical test shall not be given;
(B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and
(C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege 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.
(b)(1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows:
(A) Suspension for ninety (90) days for a first offense;
(B) Suspension for one (1) year for a second offense; and
(C) Revocation for a third or subsequent offense.
(2) A revocation issued under this subsection continues 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) A conviction for violating § 5-65-310; and
(2) A 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) The office shall deny the issuance of a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-310
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 5-65-310. This identifies an authority to review, not proof of applicability.