Arkansas Code Title 5. Criminal Offenses § 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 driving privilege shall be seized by the law enforcement officer;  and

(C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402 .

(2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

(b)(1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows:

(A) Suspension for ninety (90) days for a first offense;

(B) Suspension for one (1) year for a second offense;  and

(C) Revocation for a third or subsequent offense.

(2) A revocation issued under this subsection continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

(c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense:

(1) A conviction for violating § 5-65-310 ;  and

(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.

(d) The office shall deny the issuance of a license or permit to operate a motor vehicle to an underage person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time:

(1) Six (6) months for a first offense;  and

(2) One (1) year for a second or subsequent offense.

(e) When an underage nonresident's driving privilege to operate a motor vehicle in this state has been suspended under this section, the office shall notify the entity of issuance of that underage person's nonresident motor vehicle driving privilege of action taken by the office.

(f)(1)(A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-310 .

(B) As used in this subsection, “occurrence” means each separate calendar date when an offense or offenses take place.

(2) The fee under this subsection is not required when an administrative suspension order has been removed because:

(A) The person has been found not guilty of the offense by a circuit court or district court;  or

(B) A de novo review of the administrative suspension order by the office resulted in the removal.

(3) Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health.

(4) The fee under this subsection is supplemental to and in addition to any fee imposed under § 5-65-119 , § 5-65-304 , § 27-16-508 , or § 27-16-808 .





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