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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) A chemical test shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating, navigating, or in actual physical control of any aircraft while:
(1) Intoxicated; or
(2) There was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood.
(b)(1) The law enforcement agency by which that law enforcement officer is employed shall designate which chemical test shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting a chemical test.
(2) If the person tested requests that an additional chemical test be made, as authorized in § 5-75-105, the cost of the additional chemical test shall be borne by the person tested.
(3) If any person shall object to the taking of his or her blood for a chemical test, as authorized in this section, the breath, saliva, or urine of the person may be used for the chemical test.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-75-104. Test administration - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-75-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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