Browse Arkansas Code titles and sections
5-65-118. Additional penalties — Ignition interlock devices.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-118. Additional penalties — Ignition interlock devices.
(a)(1)(A)(i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.
(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.
(iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.
(B)(i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.
(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.
(iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.
(2) 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 § 5-65-123(f).
(3) T
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-118
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-65-118
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff41fc8382adcaff03c88abca66f4ef2b50b1d2cea3ccc21bb324d12350204de
Source location: content.xml paragraph 26284
Stored source content
5-65-118. Additional penalties — Ignition interlock devices.
(a)(1)(A)(i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.
(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.
(iii) The restriction under subdivision (a)(1)(A)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a first or second offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.
(B)(i) The office shall place a restriction on a person who has violated § 5-65-103 for a third or subsequent offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.
(ii) The restriction shall continue until the person has completed his or her mandatory period for using an ignition interlock device.
(iii) The restriction under subdivision (a)(1)(B)(i) of this section does not apply to a person who is arrested for violating § 5-65-103 for a third or subsequent offense if the person was intoxicated by the ingestion of or by the use of a controlled substance.
(2) 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 § 5-65-123(f).
(3) The office shall establish:
(A) A specific calibration setting no lower than two hundredths of one percent (0.02%) nor more than five hundredths of one percent (0.05%) 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.
(b) The office shall do the following after restricting a person's driving by requiring the use of an ignition interlock device:
(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 person to using an ignition interlock device in conjunction with the issuance of an ignition interlock restricted license under § 5-65-104, the time the person is required to use the ignition interlock device shall be until the original suspension imposed under § 5-65-104 has been completed;
(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 a person restricted under this section stating that the person may operate a motor vehicle only if it is equipped with an ignition interlock device;
(4) Require that the person restricted under this section show proof of installation of a certified ignition interlock device prior to the issuance of an ignition interlock restricted license by the office under § 5-65-104;
(5)(A) Require both proof of the installation of an ignition interlock device and periodic reporting by the person for verification of the proper operation of the ignition interlock device.
(B) Proof of the installation of the ignition interlock device for the entire period required by law shall be provided before the person's driving privileges are reinstated;
(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) If the person whose driving privilege is 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.
(d) The office shall revoke the ignition interlock restricted license and reinstate a driving privilege suspension for the term of the original driving privilege suspension if it finds that a person has violated § 5-65-123.
(e) A person who has had his or her driving privilege suspended or revoked 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 may issue an ignition interlock restricted license as authorized under §§ 5-65-104 and 5-65-205.
(f)(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 for the certification of the ignition interlock devices and ignition interlock device installation.
(2) The rules 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 department 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 department 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 (f)(4)(A) of this section to the office.
(g)(1) A person who has violated § 5-65-103 for a first offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device under this section may petition the court with jurisdiction for a waiver of the requirement to install a functioning interlock device under this section.
(2) The court with jurisdiction may waive the requirement to install a functioning ignition interlock device under this section under the following conditions:
(A) The person is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the person;
(B) The person is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device; or
(C) A state-certified ignition interlock device provider is not available within one hundred (100) miles of the person's residence.
(3) Upon finding that a condition under subdivision (g)(2) of this section is present, the court with jurisdiction shall enter an order to that effect and transmit the order to the office for compliance.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
5-65-104. 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 motorboat on the waters of this state or 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 driver's license, driver's 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 motorboat on the waters of this state or 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 motorboat on the waters of this state or a motor vehicle while intoxicated by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-104
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 5-65-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-123. Offenses involving a motor vehicle equipped with an ignition interlock device.
(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she:
(1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle that is not equipped with an ignition interlock device;
(2) Knowingly solicits or allows a person to start or attempt to start a motor vehicle equipped with an ignition interlock device; and
(3) Has the purpose to operate or be in actual physical control of the motor vehicle.
(b) A person commits the offense of unlawfully starting or attempting to start a motor vehicle equipped with an ignition interlock device for another person if he or she knowingly starts or attempts to start a motor vehicle equipped with an ignition interlock device for another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device.
(c) A person commits the offense of tampering with an ignition interlock device if he or she knowingly tampers with or attempts to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle.
(d) A person commits the offense of providing a motor vehicle not equipped with a functioning ignition interlock device to another person if he or she:
(1) Knowingly provides a motor vehicle not equipped with a functioning ignition interlock device to another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device; and
(2) Knows or shou
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-123
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 5-65-123. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-205. Refusal to submit to a chemical test.
(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:
(A) A chemical test shall not be given;
(B) The person's motor vehicle operator's license, 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 person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 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 privilege of an arrested person who refuses to submit to a chemical test under this subchapter.
(2)(A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges:
(i) Suspended for one hundred eighty (180) days for a first offense;
(ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense;
(iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and
(iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.
(B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only:
(i) To a person who is arrested for a first offense under this section; and
(ii)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-205
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 5-65-205. This identifies an authority to review, not proof of applicability.