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5-65-203. Administration of a chemical test.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-203. Administration of a chemical test.
(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or 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.
(b)(1) The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests.
(2) If the person tested requests that additional chemical test or chemical tests be made as authorized in § 5-65-204(d), the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests.
(3) If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-203
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-65-203
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f20aab24838b948fad008068b3b88ec990cf17237b7d1734d54e767fddcefbf0
Source location: content.xml paragraph 26564
Stored source content
5-65-203. Administration of a chemical test.
(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or 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.
(b)(1) The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests.
(2) If the person tested requests that additional chemical test or chemical tests be made as authorized in § 5-65-204(d), the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests.
(3) If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-202. Implied consent.
(a) A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood if:
(1) The person is arrested for any offense arising out of an act alleged to have been committed while the person was driving or boating while intoxicated or driving or boating while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood;
(2) The person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or
(3) At the time the person is arrested for driving or boating while intoxicated, the law enforcement officer has reasonable cause to believe that the person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is intoxicated or has an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.
(b) A person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and one (1) or more chemical tests may be administered subject to § 5-65-203.
(c) A test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-202
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 5-65-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-204. Validity — Approved methods.
(a)(1) As used in this chapter, § 5-10-105, § 5-75-101 et seq., and § 5-76-101 et seq. [repealed], “alcohol concentration” means either:
(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or
(B) Grams of alcohol per two hundred ten liters (210 l) of breath.
(2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.
(b)(1)(A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose.
(B) The department may:
(i) Approve satisfactory techniques or methods for the chemical test;
(ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and
(iii) Issue a certificate that is subject to termination or revocation at the discretion of the department.
(C)(i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter.
(ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section.
(2) However, a method of chemical analysis of a person's blood, urine, saliva,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-204
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 5-65-204. This identifies an authority to review, not proof of applicability.