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5-65-205. Refusal to submit to a chemical test.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-65-205
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 62d61d1e049f3c533fa7c769186faf524bd3b7d87eb63d3801d646fa3ece6457
Source location: content.xml paragraph 26706
Stored source content
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) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.
(C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section.
(c) The office shall consider any of the following that occurred within the five (5) years immediately before the current offense a previous offense for the purposes of enhancing the administrative penalty under this section:
(1) A conviction for an offense of refusing to submit to a chemical test; and
(2) A suspension or revocation of driving privileges for an arrest for refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charge.
(d) The office shall deny the issuance of a license or permit to operate a motor vehicle to a person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time:
(1) Six (6) months for a first offense; and
(2) One (1) year for a second or subsequent offense.
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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.
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. The source passage cites 5-65-120. This identifies an authority to review, not proof of applicability.
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
5-65-402. 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.