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5-65-311. Relationship to other laws.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-311. Relationship to other laws.
(a) A penalty under this subchapter for violating § 5-65-303 is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas.
(b) There is no presumption under this subchapter that an underage person is not under the influence of an intoxicating substance, such as alcohol or a similar intoxicant, if the underage person's alcohol concentration is four hundredths (0.04) or less.
(c) The following aspects of the chemical test or instrument for testing breath or blood alcohol concentration under this chapter may be used in the same manner for an offense under this subchapter:
(1) The administration of a chemical test for breath or blood alcohol;
(2) The instrument used to administer the chemical test;
(3) The procedure used to calibrate and maintain the instrument; and
(4) The use of the chemical test results as evidence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-311
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:5-65-311
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6e1c71a69250b899fcf9a9f42bdb746d530a608c802d0636c6bef29cb531189b
Source location: content.xml paragraph 27194
Stored source content
5-65-311. Relationship to other laws.
(a) A penalty under this subchapter for violating § 5-65-303 is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas.
(b) There is no presumption under this subchapter that an underage person is not under the influence of an intoxicating substance, such as alcohol or a similar intoxicant, if the underage person's alcohol concentration is four hundredths (0.04) or less.
(c) The following aspects of the chemical test or instrument for testing breath or blood alcohol concentration under this chapter may be used in the same manner for an offense under this subchapter:
(1) The administration of a chemical test for breath or blood alcohol;
(2) The instrument used to administer the chemical test;
(3) The procedure used to calibrate and maintain the instrument; and
(4) The use of the chemical test results as evidence.
Cross-references
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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.