Fourth offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
No enhanced penalties for high-BAC
Ten years
Does not meet Federal requirements
Good Samaritan law enacted
Administrative and criminal penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
51-100 DREs
11-15 DUI Courts
No Hybrid Courts
No cannabis open container law
Medical Cannabis
Blood, urine, and saliva
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory all offender
Legislation & Court Rule/Order
Depressants
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Lacks authorization
Oral fluid testing authorized
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
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
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
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
No Data Available
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.
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.
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.
5-65-205 - Learn More
Yes
No Data Available
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.
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.
5-65-104 - Learn More
Based on history and intoxicants
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
5-65-118 - Learn More
No Data Available
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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.
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).
5-65-103(a) & (b) - Learn More
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).
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.
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18 for medical use only unless there is a qualifying exemption
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.
Illegal unless medical qualifying and parental consent
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
Illegal unless medical qualifying and parental consent
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
No Data Available
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It is a felony to possess, use, purchase, sell, or cultivate marijuana in Arkansas for recreational purposes
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