§ 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”.

§ 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 […]

§ 5-65-304. Seizure, suspension, and revocation of license — Temporary permits

(a) At the time of arrest for violating § 5-65-303, the arresting law enforcement officer shall seize the underage person’s motor vehicle operator’s license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by § 5-65-402. (b) (1) As provided by § 5-65-402, the Office […]

§ 5-65-305. Fines

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be fined: (1) Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense; (2) Not less than two hundred dollars ($200) and not more […]

§ 5-65-306. Public service work

(a) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-303 or § 5-65-310 shall be ordered by the court to perform public service work at the discretion of the court. (b) The period of public service work shall be for not less than: (1) Thirty (30) days […]

§ 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 […]