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5-65-123. Offenses involving a motor vehicle equipped with an ignition interlock device.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-65-123
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b650b298d277fc8bf14df65b5a81e56c78f6078f7d5f0ce79bc407e97b348b29
Source location: content.xml paragraph 26427
Stored source content
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 should have known that the other person was restricted from operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device.
(e) A person who violates this section is upon conviction guilty of a Class A misdemeanor.
(f) It is a defense to prosecution under this section if:
(1) A person starts or attempts to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the ignition interlock device or the motor vehicle and the person subject to the restriction does not operate the motor vehicle; or
(2)(A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if:
(i) The employer has been notified of the driving privilege restriction; and
(ii) Proof of that notification is with the motor vehicle.
(B) However, the defense in subdivision (f)(2)(A) of this section does not apply if:
(i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or
(ii) The driving privilege restriction is the result of the offender's second or subsequent offense.
Cross-references
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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. The source passage cites 5-65-118. This identifies an authority to review, not proof of applicability.