Title 5, Criminal Offenses

(a) (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.(2) The burden of proof of any exemption or exception is up…

(a) Any final determination, finding, or conclusion of the Secretary of the Department of Health under this chapter is a final and conclusive decision of the matter involved. (b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of the co…

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the division may:(1) Promote better…

(a) As used in this section, “methamphetamine-contaminated motor vehicle” means a motor vehicle that has been forfeited under § 5-64-505 in which methamphetamine was manufactured as determined by a law enforcement agency or a prosecuting attorney who has possession of the motor v…

(a) The Department of Health may promulgate rules necessary for the enforcement of this chapter. (b) The rules described in subsection (a) of this section shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

In carrying out the functions under this chapter, the Secretary of the Department of Health or his or her duly authorized agent may enter a controlled premises and conduct an administrative inspection of the controlled premises.

An administrative inspection warrant is not required if informed consent is obtained from the owner, operator, or agent-in-charge of the controlled premises to be inspected.

Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employ…

(a) (1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving ev…

(a) In any criminal prosecution for an alleged violation of this chapter, a record or report of any relevant drug analysis made by the State Crime Laboratory shall be received as competent evidence as to a matter contained in the record or report in this section in any preliminar…

Any municipality or county may allocate and expend funds for: (1) Undercover work done in connection with an attempt to apprehend a violator of this chapter; or (2) A purchase of a controlled substance when purchased by a law enforcement officer for the purpose of apprehending a …

(a) (1) As used in this section “drug offense” means the:(A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited unde…

(a) As used in this subchapter, “drug device” means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to:(1) A metal, wooden, acrylic, glass, stone, …

(a) Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a:(1) Class A misdemeanor for the first offense;(2) Class D felony for the second offense; and(3) Class C felony for third and subsequent o…

(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance. (b) A conveyance or vehicle of any kind is deemed a “place” within the meaning of subsection (a) of this secti…

(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance. (b) A circuit court has juri…

(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illeg…

Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.

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…

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) (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) 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…