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5-65-204. Validity — Approved methods.
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 [repealed], “alcohol concentration” means either: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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-65-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 19b0a90c84189300b6b8157bbbd3254cf4f8f244d00304fc9530c05223ed85e1
Source location: content.xml paragraph 26601
Stored source content
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, or other bodily substance made by the State Crime Laboratory for determining the presence of one (1) or more controlled substances or any intoxicant is exempt from approval by the department or the board.
(c)(1) When a person submits to a blood test at the request of a law enforcement officer under a provision of this section or because a warrant has been issued to take a sample of the person's blood, blood may be drawn by a physician or a person acting under the direction and supervision of a physician.
(2) The limitation in subdivision (c)(1) of this section does not apply to the taking of a breath, saliva, or urine specimen.
(3)(A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood.
(B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject.
(d)(1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer.
(2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (d)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test.
(3) The refusal or failure of a law enforcement officer to advise a person of the right provided in subdivision (d)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (d)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer.
(e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer or because a warrant has been issued to take a sample of the person's blood, full information concerning the chemical test shall be made available to the person or to his or her attorney.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-105. Negligent homicide.
(a)(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated;
(B)(i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance.
(ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206;
(C) While passing a stopped school bus in violation of § 27-51-1004; or
(D) While fatigued.
(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.
(b)(1) A person commits negligent homicide if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor.
(c) As used in this section:
(1) “Fatigued” means:
(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or
(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and
(2) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-105
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 5-10-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-75-101. Definitions.
As used in this chapter:
(1) “Aircraft” means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States;
(2)(A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI.
(B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and
(3) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the operator's or navigator's reactions, motor skills, and judgment are substantially altered and the operator or navigator, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself and other persons.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-75-101
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 5-75-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-76-101 — 5-76-108. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-76-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-76-101. This identifies an authority to review, not proof of applicability.