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5-65-403. Notice and receipt from arresting officer.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-403. Notice and receipt from arresting officer.
(a) At the time of arrest for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2), the arresting law enforcement officer shall provide written notice to the arrested person:
(1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2) in the previous five (5) years;
(2) Of the right to a hearing within twenty (20) days; and
(3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing.
(b) The receipt shall also contain phone numbers and the address of the Office of Driver Services and inform the arrested person of the procedure for requesting a hearing.
(c) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing.
(d)(1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be:
(A) Attached to the sworn report of the arresting law enforcement officer; and
(B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt.
(2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-403
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:5-65-403
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3aeab0c9b2e5d7928dca21baa971d91e991c038ec9acead3ad9c12820376952d
Source location: content.xml paragraph 27350
Stored source content
5-65-403. Notice and receipt from arresting officer.
(a) At the time of arrest for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2), the arresting law enforcement officer shall provide written notice to the arrested person:
(1) That the registration of a motor vehicle owned by the arrested person is suspended effective in thirty (30) days if the arrested person's driving privileges have been suspended, disqualified, or revoked for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2) in the previous five (5) years;
(2) Of the right to a hearing within twenty (20) days; and
(3) That the hearing request is required to be made within seven (7) calendar days of the notice being given if the arrested person wants to request a hearing.
(b) The receipt shall also contain phone numbers and the address of the Office of Driver Services and inform the arrested person of the procedure for requesting a hearing.
(c) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing.
(d)(1) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be:
(A) Attached to the sworn report of the arresting law enforcement officer; and
(B) Submitted by mail or in person to the Secretary of the Department of Finance and Administration or his or her designated representative within seven (7) days of the issuance of the receipt.
(2) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend the registration of a motor vehicle owned by the arrested person.
(e) A notice from the Office of Driver Services required under this section that is not personally delivered shall be sent as provided by § 5-65-402.
(f)(1) If the arrested person is a nonresident, the arrested person's motor vehicle registration in Arkansas shall be suspended in the same manner as that of a resident.
(2) The Office of Driver Services shall notify the out-of-state entity that issued the nonresident's motor vehicle registration of the action taken by the Office of Driver Services.
(g) The hearing shall be held by the Office of Driver Services at the conclusion of any hearing under § 5-65-402 and the scope of the hearing is limited to:
(1) Determining if the arrested person's driving privileges had been suspended, revoked, or disqualified for violation of § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2) in the five (5) years prior to the current offense; and
(2) Determining if any motor vehicle is licensed or registered in the arrested person's name as either owner or co-owner of the motor vehicle.
(h)(1)(A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county where the offense took place.
(B) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.
(2) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(3) The circuit court shall hear the case de novo on review in order to determine whether, based on a preponderance of the evidence, a ground exists for suspension of the person's motor vehicle registration.
(i) The suspension ordered shall be equal to the suspension of driving privileges ordered under § 5-65-402 or one (1) year, whichever is longer, but shall not exceed five (5) years.
(j)(1)(A) Upon determination that a person is completely dependent on the motor vehicle for the necessities of life, the secretary may grant a restricted registration to a family member or co-owner of any immobilized motor vehicle.
(B) A restricted registration is not valid for use by the person whose driving privileges have been suspended or revoked.
(2) Operation of a motor vehicle in a manner inconsistent with the restricted registration or license plate has the same effect as operating an unlicensed motor vehicle.
(k) If the secretary orders immobilization of a motor vehicle, notice of immobilization shall be sent by first-class mail to any persons, other than the arrested person, listed as an owner or co-owner of the immobilized motor vehicle in the records of the Office of Motor Vehicle.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-114. Commercial motor vehicle driving offenses and penalties — Definitions.
(a)(1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term “intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.
(2) It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206, that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less.
(3) It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her v
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-114
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 27-23-114. This identifies an authority to review, not proof of applicability.
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
5-65-303. 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
5-65-402. 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.