Browse Arkansas Code titles and sections
5-75-104. Administration.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-75-104
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c243618a1929db1b4bc19c1c1d209511fee04ec448270d59842b14fc0619ea9a
Source location: content.xml paragraph 31840
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-75-105. Validity — Approved methods.
(a)(1) “Alcohol concentration” means either:
(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or
(B) Grams of alcohol per two hundred ten liters (210 l) of breath.
(2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration.
(b)(1) To be considered valid under the provisions of this chapter, a chemical analysis of a person's blood, urine, or breath shall be performed according to a method approved by the Department of Health or by an individual possessing a valid permit issued by the department for that purpose.
(2) The department may:
(A) Approve a satisfactory technique or method for the chemical analysis;
(B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and
(C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department.
(c) To be considered valid under the provisions of this section, a chemical analysis of a person's blood, urine, breath, or other bodily substance for determining the alcohol content of the breath or blood shall be performed according to a method approved by the State Board of Health.
(d)(1) When a person submits to a blood test at the request of a law enforcement officer under the provisions of this section, blood may be drawn by a physician or a person acting under the direction and supervision of a physician.
(2) The limitation in subdivision (d)(1) of this section does not apply to the taking of a breath or urin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-75-105
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 5-75-105. This identifies an authority to review, not proof of applicability.