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5-65-307. Alcohol and driving education or alcoholism treatment program.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-307. Alcohol and driving education or alcoholism treatment program.
(a)(1)(A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203, § 5-65-310, or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter.
(B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation.
(2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated.
(3)(A)(i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.
(ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program.
(B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.
(b) The person shall furnish proof of atten
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-307
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:5-65-307
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 78662a7b1b05984ec02b8249f86efa88b65614d41a65868b881b291e2027b265
Source location: content.xml paragraph 27075
Stored source content
5-65-307. Alcohol and driving education or alcoholism treatment program.
(a)(1)(A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203, § 5-65-310, or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter.
(B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation.
(2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated.
(3)(A)(i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.
(ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program.
(B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.
(b) The person shall furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section prior to reinstatement of his or her driving privilege.
(c) The division may promulgate rules reasonably necessary to carry out the purposes of this section regarding the approval and monitoring of the alcohol and driving education programs.
(d)(1)(A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall:
(i) Both:
(a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and
(b) Pay any fee for reinstatement required under § 5-65-119, § 5-65-304, or § 5-65-121; or
(ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.
(B) An application for reinstatement shall be made to the Office of Driver Services.
(2) Even if a person has filed a de novo petition for review under § 5-65-402, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.
(3)(A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges.
(B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted.
(e) An alcohol and driving education program required by this section shall remit the fees imposed under this section to the division.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-203. Purchase or possession by minor.
(a)(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.
(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
(b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.
(c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
(1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
(2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
(e)(1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, per
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-203
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. The source passage cites 3-3-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-121. Victim impact panel attendance — Fee.
(a)(1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, or § 3-3-203 shall attend a victim impact panel sponsored by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(2) The organization selected by the division shall be an organization that provides statewide services to victims of drunk driving.
(b)(1) The organization approved by the division may collect a program fee of ten dollars ($10.00) per enrollee to offset program costs to be remitted to the organization.
(2) The organization approved by the division shall provide proof of attendance and completion to the person required to attend the victim impact panel upon completion of the victim impact panel.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-121
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 5-65-121. 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.