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5-75-103. Implied consent.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-75-103. Implied consent.
(a) Any person who operates or navigates any aircraft or is in actual physical control of any aircraft in this state is deemed to have given consent, subject to the provisions of § 5-75-104, to a chemical test of his or her blood, 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 operator or navigator is arrested for any offense arising out of an act alleged to have been committed while the person was operating or navigating any aircraft while intoxicated or operating or navigating any aircraft while there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood;
(2) The person is involved in an accident while operating, navigating, or in actual physical control of any aircraft; or
(3) The person is stopped by a law enforcement officer who has reasonable cause to believe that the person, while operating, navigating, or in actual physical control of any aircraft, is intoxicated or has an alcohol concentration of four hundredths (0.04) or more in his or her breath or blood.
(b) Any 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who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and a chemical test may be administered subject to the provisions of § 5-75-104.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-75-103
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-75-103
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5cf358f50c68d7709767aa6a721bf2b5d1e417b1771a16914c8ae81f5dcf6c5f
Source location: content.xml paragraph 31824
Stored source content
5-75-103. Implied consent.
(a) Any person who operates or navigates any aircraft or is in actual physical control of any aircraft in this state is deemed to have given consent, subject to the provisions of § 5-75-104, to a chemical test of his or her blood, 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 operator or navigator is arrested for any offense arising out of an act alleged to have been committed while the person was operating or navigating any aircraft while intoxicated or operating or navigating any aircraft while there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood;
(2) The person is involved in an accident while operating, navigating, or in actual physical control of any aircraft; or
(3) The person is stopped by a law enforcement officer who has reasonable cause to believe that the person, while operating, navigating, or in actual physical control of any aircraft, is intoxicated or has an alcohol concentration of four hundredths (0.04) or more in his or her breath or blood.
(b) Any 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 a chemical test may be administered subject to the provisions of § 5-75-104.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-75-104. Administration.
(a) A chemical test shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating, navigating, or in actual physical control of any aircraft while:
(1) Intoxicated; or
(2) There was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood.
(b)(1) The law enforcement agency by which that law enforcement officer is employed shall designate which chemical test shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting a chemical test.
(2) If the person tested requests that an additional chemical test be made, as authorized in § 5-75-105, the cost of the additional chemical test shall be borne by the person tested.
(3) If any person shall object to the taking of his or her blood for a chemical test, as authorized in this section, the breath, saliva, or urine of the person may be used for the chemical test.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-75-104
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 5-75-104. This identifies an authority to review, not proof of applicability.