§ 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 […]
§ 5-65-308. No probation prior to adjudication of guilt — Records
(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-303. (b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or this section, a circuit court judge or district court judge may: (1) Utilize probationary […]
§ 5-65-309. Implied consent
(a) An underage person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motor vehicle or motorboat in this state is deemed to have given consent, subject to § 5-65-203, to a chemical test of his or her breath, saliva, or urine […]
§ 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 […]
§ 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 […]
§ 5-65-401. Definitions
As used in this subchapter: (1) “Disqualification” means a prohibition against driving a commercial motor vehicle; (2) “Immobilization” means revocation or suspension of the registration or license plate of a motor vehicle; and (3) “Sworn report” means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form […]
§ 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 […]
§ 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 […]
§ 5-65-208. Motor vehicle and motorboat accidents — Testing required
(a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the driver’s or operator’s […]
§ 5-65-301. Title
This subchapter may be known and cited as the “Underage Driving or Boating Under the Influence Law” or the “Underage DUI or BUI Law”.