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Arkansas

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

No enhanced penalties for high-BAC

DUI Look-back Periods

Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative and criminal penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

6-10 DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood, urine, and saliva

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation & Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

5-65-202 - Learn More
A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content

Blood

5-65-202 - Learn More
A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content

Urine

5-65-202 - Learn More
A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content

Oral Fluids

5-65-202 - Learn More
A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content

Other

No Data Available

DUI Statutes

Drugs

5-65-103(a) & (b) - Learn More
By statute (4-64-102) definition: Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree 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; Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI.

Combined/Multiple Substance

5-65-103(a) & (b) - Learn More
By statute (4-64-102) definition: Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree 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; Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

5-65-205 - Learn More
(A) A chemical test shall not be given;
(B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and
(C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

5-65-205 - Learn More
Yes

Criminal Trial

No Data Available

ALR Laws

Cannabis

Additional administrative restrictions apply if the DWI was related to controlled substances
Individual must complete a state sanctioned Drug and Alcohol Education or treatment program. They must submit the "original" signed completion certificate to Driver Control.
Individual must attend a Victim Impact Panel class and submit a completion certificate to Driver Control.
Individual must pay a $150 reinstatement fee. Payments may be made in person at any State Revenue Office.
Licensee may be eligible for a restricted driving permit based on certain criteria guidelines. A Driver Control Hearing Officer will make the determination.
Individual with a "Revoked" license status will be required to pass all phases of the Arkansas Driver's License Exam.

Length/Time of Restriction

5-65-205 - Learn More
A person who refuses to submit to a chemical test of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol or controlled substance content of the person's blood or breath shall have his or her driving privileges:
(i) Suspended for one hundred eighty (180) days for a first offense;
(ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense;
(iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and
(iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.

Hardship License Available

5-65-104 - Learn More
Based on history and intoxicants

Random Drug Testing or Ignition Interlock Requirements

Cannabis

5-65-118 - Learn More
The ignition interlock restricted license provision of 5-65-118 does not apply to the suspension if the person is arrested for an offense of operating or being in actual physical control of a motor vehicle while intoxicated by the ingestion of or by the use of a controlled substance

Other Drugs

5-65-118 - Learn More

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No Data Available

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

5-65-103(a) & (b) - Learn More
Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree 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; Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI.

Are the Impaired Driving Penalties the Same for Alcohol?

1st offense = 6 months suspension.
2nd offense = 24-month suspension (if 2nd offense was within a 5-year time span).
3rd offense = 30-months suspension (if 3rd offense was within a 5-year time span).
4th offense = 4-year revocation (if 4th offense was within a 5-year time span).

Are Combined Substances Mentioned in DUI Statute?

5-65-103(a) & (b) - Learn More

Penalties for Multiple Substance/Multiple Substance Impaired Driving

1st offense = 6 months suspension.
2nd offense = 24-month suspension (if 2nd offense was within a 5-year time span).
3rd offense = 30-months suspension (if 3rd offense was within a 5-year time span).
4th offense = 4-year revocation (if 4th offense was within a 5-year time span).

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

5-65-111 (a)(2)(A) - Learn More
DUI with a passenger under 16 is in the vehicle (unless within 2 years of the driver's age) enhances penalty. 

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

18 for medical use only unless there is a qualifying exemption

Underage Cannabis Laws and Penalties

Underage Possession

Ark. Code Ann. §§ 5-4-401 et al - Learn More
The punishment for possession of marijuana depends on the amount of the drug in the defendant's possession and whether the defendant has any prior convictions – generally the possession of 4 oz or more is considered a felony.

Underage Consumption

Illegal unless medical qualifying and parental consent

Underage Purchase

Be 18 years of age or older (minors may qualify with parental consent)
Be diagnosed with a qualifying medical condition
Have official written certification from a physician (physicians must certify patients by filling out and signing the ADH-approved certification form)
Show proof of Arkansas residency

Underage Attempt to Purchase

Illegal unless medical qualifying and parental consent

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Be 18 years of age or older (minors may qualify with parental consent)
Be diagnosed with a qualifying medical condition
Have official written certification from a physician (physicians must certify patients by filling out and signing the ADH-approved certification form)
Show proof of Arkansas residency

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

 It is a felony to possess, use, purchase, sell, or cultivate marijuana in Arkansas for recreational purposes

Other

 Whenever a person pleads guilty, nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances, or of any drug offense, in this state or any other state, the court having jurisdiction of such matter… shall prepare… an order to suspend the driving privileges of the person for six (6) months.
Arkansas Code 27-16-915 - Learn More