Title 5 — Criminal Offenses

This chapter shall be known as the “Omnibus DWI or BWI Act”.

(1) As used in this chapter:(1) (A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI.(B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the la…

(a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.(2) It is unlawful and punishable as provided in this chapter for a person t…

(a) (1) At the time of arrest for operating or being in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood, as provi…

(1) A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of an unclassified misdemeanor and:(1) Shall be imprisoned for not less …

(a) When a law enforcement officer arrests a person for operating a motor vehicle while that person's driving privilege has been suspended or revoked under the laws of any state due to the person's having previously been found guilty or having pleaded guilty or nolo contendere to…

(a) A person arrested for violating § 5-65-103 shall be tried on the charge of violating § 5-65-103 or plead to the charge of violating § 5-65-103, and the charge of violating § 5-65-103 shall not be reduced or dismissed. (b) Furthermore, when a law enforcement officer issues a c…

(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 § 5-65-103. (b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this …

(a) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is fou…

(a) A court shall:(1) Keep or cause to be kept a record of any violation of this chapter presented to that court; and(2) Keep a record of any official action by that court in reference to the violation including without limitation:(A) A record of every finding of guilt;(B) A reco…

(a) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a first offense upon conviction is guilty of an unclassified misdemeanor and may be imprisoned for not less than:(A) Twenty-four (24) hours but no more than one (1) year; or(B)…

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 shall be fined:(1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense;(2) No less than four hundred dollars ($400) and n…

A.C.A. § 5-65-113Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.

(a) (1) (A) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of…

A.C.A. § 5-65-116Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.(B)…

(a) (1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning igniti…

(a) (1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205.(2) The fee under subdivision (a)(1) of this section…

(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:(1) The denia…

(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, or § 3-3-203 shall attend a victim impact panel provided by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of…

A.C.A. § 5-65-122Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she:(1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual phy…

The Department of Health may promulgate rules reasonably necessary to carry out the purposes of this subchapter.

(a) 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 …

(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or in actual physical control of a motorboat on the waters of this state or a motor…

(a) (1) As used in this chapter, § 5-10-105, and § 5-75-101 et seq., “alcohol concentration” means either:(A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or(B) Grams of alcohol per two hundred ten liters (210 l) of bre…

(a) (1) If a 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 in § 5-65-202:(A) A chemical test shall not be given;(B) The person's motor vehicle operator's license, permit,…

(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person's blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by c…

(a) (1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more sh…

(a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the dr…

This subchapter may be known and cited as the “Underage Driving or Boating Under the Influence Law” or the “Underage DUI or BUI Law”.

A.C.A. § 5-65-302Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…

(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 …

(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)…

(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 (…

(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, A…

(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…

(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, o…

(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, …

(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 …

(1) As used in this subchapter:(1) “Disqualification” means a prohibition against driving a commercial motor vehicle;(2) “Immobilization” means revocation or suspension of the registration or license plate of a motor vehicle; and(3) “Sworn report” means a signed and written state…

(a) (1) (A) At the time of arrest for violating § 3-3-203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-23-114(a)(2), or § 27-23-114(a)(5), the arrested person shall immediately surrender his or her license, permit, or other evidenc…

(a) At the time of arrest for violating § 5-65-103, § 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2), the arresting law enforcement officer shall provide written notice to the arrested person:(1) That the registration of a motor vehicle owned by the arrested person is suspende…