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5-65-120. Restricted driving permit.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-120. Restricted driving permit.
(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:
(1) The denial or suspension results in a case of extreme and unusual hardship; and
(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:
(A) The person:
(i) Is not a multiple traffic law offender; or
(ii) Does not present a threat to the general public; and
(B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:
(i) To and from the person's place of employment;
(ii) In the course of the person's employment;
(iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;
(iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or
(v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.
(b) The issuance of a restricted driving permit under this section is solely within the discretion of the office.
(c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.
(d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-120
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:5-65-120
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 137b8da5a2d0f3b035ecf33528015483decd0898299b7bff50d9fd9e49dd326a
Source location: content.xml paragraph 26378
Stored source content
5-65-120. Restricted driving permit.
(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:
(1) The denial or suspension results in a case of extreme and unusual hardship; and
(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:
(A) The person:
(i) Is not a multiple traffic law offender; or
(ii) Does not present a threat to the general public; and
(B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:
(i) To and from the person's place of employment;
(ii) In the course of the person's employment;
(iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;
(iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or
(v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.
(b) The issuance of a restricted driving permit under this section is solely within the discretion of the office.
(c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.
(d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-65-310, a second or subsequent time within five (5) years of the first offense.
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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
5-65-205. 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.
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
5-65-402. 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.