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5-65-305. Fines.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-305. Fines.
(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be fined:
(1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense;
(2) Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and
(3) Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense.
(b)(1) For the purpose of determining a person's fine under this section, a conviction or suspension for violating § 5-65-103 or § 5-65-205 may be considered a previous offense.
(2) However, a conviction or suspension for § 5-65-103 or § 5-65-205 is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-305
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:5-65-305
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c33f7cea2d5bb4b749f118286fbd5d524468c0a1281312544817e1966ddddf02
Source location: content.xml paragraph 27044
Stored source content
5-65-305. Fines.
(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be fined:
(1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense;
(2) Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and
(3) Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense.
(b)(1) For the purpose of determining a person's fine under this section, a conviction or suspension for violating § 5-65-103 or § 5-65-205 may be considered a previous offense.
(2) However, a conviction or suspension for § 5-65-103 or § 5-65-205 is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal 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
5-65-310. Refusal to submit to a chemical test.
(a)(1) If an underage 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 for in § 5-65-309:
(A) A chemical test shall not be given;
(B) The underage person's driver's license, driver's 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 underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 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 privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows:
(A) Suspension for ninety (90) days for a first offense;
(B) Suspension for one (1) year for a second offense; and
(C) Revocation for a third or subsequent offense.
(2) A revocation issued under this subsection continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.
(c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense:
(1) A conviction for violating § 5-65-310; and
(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.
(d) The office shall deny the issuance of a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-310
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 5-65-310. This identifies an authority to review, not proof of applicability.