Ark. Code Ann. § 5-65-402 — AR Code / Title 5 / Chapter 65 / Subchapter 4 / Section 5-65-402
Surrender of license or permit to arresting officer
Status: in_force

(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 evidence of driving privilege to the arresting law enforcement officer. (B) The arresting law enforcement officer shall seize the license, permit, or other evidence of driving privilege surrendered by the arrested person or found on the arrested person during a search. (C) (i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3) , the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer. (ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake. (iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (a)(1). (2) (A) (i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services. (ii) This receipt shall be recognized as a license and authorizes the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days. (B) (i) The receipt form shall contain and shall constitute a notice of suspension, disqualification, or revocation of driving privileges by the Office of Driver Services, effective in thirty (30) days, notice of the right to a hearing within twenty (20) days, and if a hearing is to be requested, as notice that the hearing request is required to be made within seven (7) calendar days of the notice being given. (ii) The receipt form shall also contain phone numbers and the address of the Office of Driver Services and inform the driver of the procedure for requesting a hearing. (C) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing. (D) (i) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the arresting law enforcement officer and shall be submitted by mail or in person to the Office of Driver Services or its designated representative within seven (7) days of the issuance of the receipt. (ii) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend, disqualify, or revoke the driving privilege of the arrested person. (3) (A) Any notice from the Office of Driver Services required under this subchapter that is not personally delivered shall be sent by first class mail and is deemed to have been delivered on the date when postmarked and shall be sent to the last known address on file with the Office of Driver Services. (B) Refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the Office of Driver Services does not constitute nonreceipt of notice. (C) For any notice that is personally delivered, the person shall be asked to sign a receipt acknowledging that he or she received the required notice. (4) (A) The Office of Driver Services or its designated official shall suspend, revoke, or disqualify the driving privilege of an arrested person or any nonresident driving privilege of an arrested person when it receives a sworn report from the arresting law enforcement officer that he or she had reasonable grounds to believe the arrested person: (i) Was under twenty-one (21) years of age and purchased or was in possession of intoxicating liquor, wine, or beer in violation of § 3-3-203(a) ; (ii) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law in violation of § 5-27-503(a)(3) ; or (iii) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle in violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) and the sworn report is accompanied by: (a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or (b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) . (B) The suspension, disqualification, or revocation shall be based as follows: (i) The driving privileges of a person violating § 5-65-103 shall be suspended or revoked as provided by § 5-65-104 ; (ii) The driving privileges of a person violating § 5-65-205(a) shall be suspended or revoked as provided by § 5-65-205(b) ; (iii) The driving privileges of a person violating § 5-65-303 shall be suspended or revoked as provided by § 5-65-304(b) ; (iv) The driving privileges of a person violating § 5-65-310(a) shall be suspended or revoked as provided by § 5-65-310(b) ; (v) The driving privileges of a person violating § 27-23-114(a)(1) or § 27-23-114(a)(2) shall be disqualified as provided by § 27-23-112 ; (vi) The driving privileges of a person violating § 27-23-114(a)(5) shall be disqualified as provided by § 27-23-112 ; (vii) The driving privileges of a person violating § 3-3-203(a) shall be suspended, revoked, or disqualified as provided by § 3-3-203(e) ; and (viii) The driving privileges of a person violating § 5-27-503(a)(3) shall be suspended, revoked, or disqualified as provided by § 5-27-503(d) . (5) In addition to any other penalty provided for in this section, if the arrested person is a resident without a license or permit to operate a motor vehicle in this state: (A) The Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of six (6) months for a first offense; and (B) For a second or subsequent offense by a resident without a license or permit to operate a motor vehicle, the Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of one (1) year. (6) (A) (i) If the arrested person is a nonresident, the arrested person's driving privilege in Arkansas shall be suspended in the same manner as that of a resident. (ii) The Office of Driver Services shall notify the office that issued the nonresident's driving privilege of the action taken by the Office of Driver Services. (B) When the arrested person is a nonresident without a license or permit to operate a motor vehicle, the Office of Driver Services shall notify the office of issuance for that arrested person's state of residence of action taken by the Office of Driver Services. (7) (A) Upon the written request of a person whose driving privilege has been revoked, denied, disqualified, or suspended, or who has received a notice of revocation, suspension, disqualification, or denial by the arresting law enforcement officer, the Office of Driver Services shall grant the person an opportunity to be heard if the request is received by the Office of Driver Services within seven (7) calendar days after the notice of the revocation, suspension, disqualification, or denial is given in accordance with this section or as otherwise provided in this chapter. (B) A request described in subdivision (a)(7)(A) of this section does not operate to stay the revocation, suspension, disqualification, or denial by the Office of Driver Services until the disposition of the hearing. (8) (A) The hearing shall be before the Office of Driver Services or its authorized agent, in the office of the Revenue Division of the Department of Finance and Administration nearest the county where the alleged event occurred for which the person was arrested, unless the Office of Driver Services or its authorized agent and the arrested person agree otherwise to the hearing's being held in some other county or that the Office of Driver Services or its authorized agent may schedule the hearing or any part of the hearing by telephone and conduct the hearing by telephone conference call. (B) The hearing shall not be recorded. (C) At the hearing, the burden of proof is on the state and the decision shall be based on a preponderance of the evidence. (D) The scope of the hearing shall cover the issues of whether the arresting law enforcement officer had reasonable grounds to believe that the person: (i) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle or commercial motor vehicle while: (a) Intoxicated or impaired; (b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ; (c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or (d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ; (ii) Refused to submit to a chemical test of the breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's breath or blood and whether the person was placed under arrest; (iii) Was under twenty-one (21) years of age and purchased or was in possession of any intoxicating liquor, wine, or beer; or (iv) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law. (E) (i) The Office of Driver Services or its agent at the hearing shall consider any document submitted to the Office of Driver Services by the arresting law enforcement agency, document submitted by the arrested person, and the statement of the arrested person. (ii) The Office of Driver Services shall not have the power to compel the production of documents or the attendance of witnesses. (F) (i) If the revocation, suspension, disqualification, or denial is based upon a chemical test result indicating that the arrested person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether: (a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances; (b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health; (c) The chemical testing procedure used was in accordance with existing rules; and (d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance. (ii) If the revocation, suspension, disqualification, or denial is based upon the refusal of the arrested person to submit to a chemical test as provided in § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) , reflected in a sworn report by the arresting law enforcement officer, the scope of the hearing shall also include whether: (a) The arrested person refused to submit to the chemical test; and (b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test. (b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter. (c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding. (d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 . (e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive. (f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation. (g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge. (h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. Amended by Act 2019, No. 1087,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3361, eff. 7/1/2019. Amended by Act 2017, No. 1031,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 1031,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 14, eff. 7/22/2015. Amended by Act 2013, No. 488,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 13, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 361,§ 11, eff. 8/16/2013. Acts 1999, No. 1077, § 21; 2003, No. 541, §§ 2-5; 2005, No. 1535, § 2; 2005, No. 1768, § 6; 2007, No. 922, § 2; 2009, No. 748, § 32; 2009, No. 946, § 3; 2009, No. 956, §§ 2, 3; 2011, No. 610, § 1.

(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 evidence of driving privilege to the arresting law enforcement officer. (B) The arresting law enforcement officer shall seize the license, permit, or other evidence of driving privilege surrendered by the arrested person or found on the arrested person during a search. (C) (i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3) , the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer. (ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake. (iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (a)(1). (2) (A) (i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services. (ii) This receipt shall be recognized as a license and authorizes the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days. (B) (i) The receipt form shall contain and shall constitute a notice of suspension, disqualification, or revocation of driving privileges by the Office of Driver Services, effective in thirty (30) days, notice of the right to a hearing within twenty (20) days, and if a hearing is to be requested, as notice that the hearing request is required to be made within seven (7) calendar days of the notice being given. (ii) The receipt form shall also contain phone numbers and the address of the Office of Driver Services and inform the driver of the procedure for requesting a hearing. (C) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing. (D) (i) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the arresting law enforcement officer and shall be submitted by mail or in person to the Office of Driver Services or its designated representative within seven (7) days of the issuance of the receipt. (ii) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend, disqualify, or revoke the driving privilege of the arrested person. (3) (A) Any notice from the Office of Driver Services required under this subchapter that is not personally delivered shall be sent by first class mail and is deemed to have been delivered on the date when postmarked and shall be sent to the last known address on file with the Office of Driver Services. (B) Refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the Office of Driver Services does not constitute nonreceipt of notice. (C) For any notice that is personally delivered, the person shall be asked to sign a receipt acknowledging that he or she received the required notice. (4) (A) The Office of Driver Services or its designated official shall suspend, revoke, or disqualify the driving privilege of an arrested person or any nonresident driving privilege of an arrested person when it receives a sworn report from the arresting law enforcement officer that he or she had reasonable grounds to believe the arrested person: (i) Was under twenty-one (21) years of age and purchased or was in possession of intoxicating liquor, wine, or beer in violation of § 3-3-203(a) ; (ii) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law in violation of § 5-27-503(a)(3) ; or (iii) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle in violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) and the sworn report is accompanied by: (a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or (b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) . (B) The suspension, disqualification, or revocation shall be based as follows: (i) The driving privileges of a person violating § 5-65-103 shall be suspended or revoked as provided by § 5-65-104 ; (ii) The driving privileges of a person violating § 5-65-205(a) shall be suspended or revoked as provided by § 5-65-205(b) ; (iii) The driving privileges of a person violating § 5-65-303 shall be suspended or revoked as provided by § 5-65-304(b) ; (iv) The driving privileges of a person violating § 5-65-310(a) shall be suspended or revoked as provided by § 5-65-310(b) ; (v) The driving privileges of a person violating § 27-23-114(a)(1) or § 27-23-114(a)(2) shall be disqualified as provided by § 27-23-112 ; (vi) The driving privileges of a person violating § 27-23-114(a)(5) shall be disqualified as provided by § 27-23-112 ; (vii) The driving privileges of a person violating § 3-3-203(a) shall be suspended, revoked, or disqualified as provided by § 3-3-203(e) ; and (viii) The driving privileges of a person violating § 5-27-503(a)(3) shall be suspended, revoked, or disqualified as provided by § 5-27-503(d) . (5) In addition to any other penalty provided for in this section, if the arrested person is a resident without a license or permit to operate a motor vehicle in this state: (A) The Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of six (6) months for a first offense; and (B) For a second or subsequent offense by a resident without a license or permit to operate a motor vehicle, the Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of one (1) year. (6) (A) (i) If the arrested person is a nonresident, the arrested person's driving privilege in Arkansas shall be suspended in the same manner as that of a resident. (ii) The Office of Driver Services shall notify the office that issued the nonresident's driving privilege of the action taken by the Office of Driver Services. (B) When the arrested person is a nonresident without a license or permit to operate a motor vehicle, the Office of Driver Services shall notify the office of issuance for that arrested person's state of residence of action taken by the Office of Driver Services. (7) (A) Upon the written request of a person whose driving privilege has been revoked, denied, disqualified, or suspended, or who has received a notice of revocation, suspension, disqualification, or denial by the arresting law enforcement officer, the Office of Driver Services shall grant the person an opportunity to be heard if the request is received by the Office of Driver Services within seven (7) calendar days after the notice of the revocation, suspension, disqualification, or denial is given in accordance with this section or as otherwise provided in this chapter. (B) A request described in subdivision (a)(7)(A) of this section does not operate to stay the revocation, suspension, disqualification, or denial by the Office of Driver Services until the disposition of the hearing. (8) (A) The hearing shall be before the Office of Driver Services or its authorized agent, in the office of the Revenue Division of the Department of Finance and Administration nearest the county where the alleged event occurred for which the person was arrested, unless the Office of Driver Services or its authorized agent and the arrested person agree otherwise to the hearing's being held in some other county or that the Office of Driver Services or its authorized agent may schedule the hearing or any part of the hearing by telephone and conduct the hearing by telephone conference call. (B) The hearing shall not be recorded. (C) At the hearing, the burden of proof is on the state and the decision shall be based on a preponderance of the evidence. (D) The scope of the hearing shall cover the issues of whether the arresting law enforcement officer had reasonable grounds to believe that the person: (i) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle or commercial motor vehicle while: (a) Intoxicated or impaired; (b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ; (c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or (d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ; (ii) Refused to submit to a chemical test of the breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's breath or blood and whether the person was placed under arrest; (iii) Was under twenty-one (21) years of age and purchased or was in possession of any intoxicating liquor, wine, or beer; or (iv) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law. (E) (i) The Office of Driver Services or its agent at the hearing shall consider any document submitted to the Office of Driver Services by the arresting law enforcement agency, document submitted by the arrested person, and the statement of the arrested person. (ii) The Office of Driver Services shall not have the power to compel the production of documents or the attendance of witnesses. (F) (i) If the revocation, suspension, disqualification, or denial is based upon a chemical test result indicating that the arrested person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether: (a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances; (b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health; (c) The chemical testing procedure used was in accordance with existing rules; and (d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance. (ii) If the revocation, suspension, disqualification, or denial is based upon the refusal of the arrested person to submit to a chemical test as provided in § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) , reflected in a sworn report by the arresting law enforcement officer, the scope of the hearing shall also include whether: (a) The arrested person refused to submit to the chemical test; and (b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test. (b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter. (c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding. (d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 . (e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive. (f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation. (g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge. (h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(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 evidence of driving privilege to the arresting law enforcement officer. (B) The arresting law enforcement officer shall seize the license, permit, or other evidence of driving privilege surrendered by the arrested person or found on the arrested person during a search. (C) (i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3) , the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer. (ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake. (iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (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 evidence of driving privilege to the arresting law enforcement officer.

(B) The arresting law enforcement officer shall seize the license, permit, or other evidence of driving privilege surrendered by the arrested person or found on the arrested person during a search.

(C) (i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3) , the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer. (ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake. (iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (a)(1).

(i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3) , the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer.

(ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake.

(iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (a)(1).

(2) (A) (i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services. (ii) This receipt shall be recognized as a license and authorizes the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days. (B) (i) The receipt form shall contain and shall constitute a notice of suspension, disqualification, or revocation of driving privileges by the Office of Driver Services, effective in thirty (30) days, notice of the right to a hearing within twenty (20) days, and if a hearing is to be requested, as notice that the hearing request is required to be made within seven (7) calendar days of the notice being given. (ii) The receipt form shall also contain phone numbers and the address of the Office of Driver Services and inform the driver of the procedure for requesting a hearing. (C) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing. (D) (i) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the arresting law enforcement officer and shall be submitted by mail or in person to the Office of Driver Services or its designated representative within seven (7) days of the issuance of the receipt. (ii) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend, disqualify, or revoke the driving privilege of the arrested person.

(A) (i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services. (ii) This receipt shall be recognized as a license and authorizes the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days.

(i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services.

(ii) This receipt shall be recognized as a license and authorizes the arrested person to operate a motor vehicle for a period not to exceed thirty (30) days.

(B) (i) The receipt form shall contain and shall constitute a notice of suspension, disqualification, or revocation of driving privileges by the Office of Driver Services, effective in thirty (30) days, notice of the right to a hearing within twenty (20) days, and if a hearing is to be requested, as notice that the hearing request is required to be made within seven (7) calendar days of the notice being given. (ii) The receipt form shall also contain phone numbers and the address of the Office of Driver Services and inform the driver of the procedure for requesting a hearing.

(i) The receipt form shall contain and shall constitute a notice of suspension, disqualification, or revocation of driving privileges by the Office of Driver Services, effective in thirty (30) days, notice of the right to a hearing within twenty (20) days, and if a hearing is to be requested, as notice that the hearing request is required to be made within seven (7) calendar days of the notice being given.

(ii) The receipt form shall also contain phone numbers and the address of the Office of Driver Services and inform the driver of the procedure for requesting a hearing.

(C) If the Office of Driver Services is unable to conduct a hearing within the twenty-day period, a temporary permit shall be issued and is valid until the date of the hearing.

(D) (i) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the arresting law enforcement officer and shall be submitted by mail or in person to the Office of Driver Services or its designated representative within seven (7) days of the issuance of the receipt. (ii) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend, disqualify, or revoke the driving privilege of the arrested person.

(i) The seized license, permit, or other evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the arresting law enforcement officer and shall be submitted by mail or in person to the Office of Driver Services or its designated representative within seven (7) days of the issuance of the receipt.

(ii) The failure of the arresting law enforcement officer to timely file the sworn report does not affect the authority of the Office of Driver Services to suspend, disqualify, or revoke the driving privilege of the arrested person.

(3) (A) Any notice from the Office of Driver Services required under this subchapter that is not personally delivered shall be sent by first class mail and is deemed to have been delivered on the date when postmarked and shall be sent to the last known address on file with the Office of Driver Services. (B) Refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the Office of Driver Services does not constitute nonreceipt of notice. (C) For any notice that is personally delivered, the person shall be asked to sign a receipt acknowledging that he or she received the required notice.

(A) Any notice from the Office of Driver Services required under this subchapter that is not personally delivered shall be sent by first class mail and is deemed to have been delivered on the date when postmarked and shall be sent to the last known address on file with the Office of Driver Services.

(B) Refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the Office of Driver Services does not constitute nonreceipt of notice.

(C) For any notice that is personally delivered, the person shall be asked to sign a receipt acknowledging that he or she received the required notice.

(4) (A) The Office of Driver Services or its designated official shall suspend, revoke, or disqualify the driving privilege of an arrested person or any nonresident driving privilege of an arrested person when it receives a sworn report from the arresting law enforcement officer that he or she had reasonable grounds to believe the arrested person: (i) Was under twenty-one (21) years of age and purchased or was in possession of intoxicating liquor, wine, or beer in violation of § 3-3-203(a) ; (ii) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law in violation of § 5-27-503(a)(3) ; or (iii) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle in violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) and the sworn report is accompanied by: (a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or (b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) . (B) The suspension, disqualification, or revocation shall be based as follows: (i) The driving privileges of a person violating § 5-65-103 shall be suspended or revoked as provided by § 5-65-104 ; (ii) The driving privileges of a person violating § 5-65-205(a) shall be suspended or revoked as provided by § 5-65-205(b) ; (iii) The driving privileges of a person violating § 5-65-303 shall be suspended or revoked as provided by § 5-65-304(b) ; (iv) The driving privileges of a person violating § 5-65-310(a) shall be suspended or revoked as provided by § 5-65-310(b) ; (v) The driving privileges of a person violating § 27-23-114(a)(1) or § 27-23-114(a)(2) shall be disqualified as provided by § 27-23-112 ; (vi) The driving privileges of a person violating § 27-23-114(a)(5) shall be disqualified as provided by § 27-23-112 ; (vii) The driving privileges of a person violating § 3-3-203(a) shall be suspended, revoked, or disqualified as provided by § 3-3-203(e) ; and (viii) The driving privileges of a person violating § 5-27-503(a)(3) shall be suspended, revoked, or disqualified as provided by § 5-27-503(d) .

(A) The Office of Driver Services or its designated official shall suspend, revoke, or disqualify the driving privilege of an arrested person or any nonresident driving privilege of an arrested person when it receives a sworn report from the arresting law enforcement officer that he or she had reasonable grounds to believe the arrested person: (i) Was under twenty-one (21) years of age and purchased or was in possession of intoxicating liquor, wine, or beer in violation of § 3-3-203(a) ; (ii) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law in violation of § 5-27-503(a)(3) ; or (iii) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle in violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) and the sworn report is accompanied by: (a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or (b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) .

(i) Was under twenty-one (21) years of age and purchased or was in possession of intoxicating liquor, wine, or beer in violation of § 3-3-203(a) ;

(ii) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law in violation of § 5-27-503(a)(3) ; or

(iii) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle in violation of § 5-65-103 , § 5-65-303 , § 27-23-114(a)(1) , or § 27-23-114(a)(2) and the sworn report is accompanied by: (a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or (b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) .

(a) A written chemical test report or a sworn report that the arrested person was operating or in actual physical control of a motorboat on the waters of this state or motor vehicle in violation of § 5-65-103 , § 5-65-303 , or § 27-23-114 ; or

(b) A sworn report that the arrested person refused to submit to a chemical test of breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person's breath or blood in violation of § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) .

(B) The suspension, disqualification, or revocation shall be based as follows: (i) The driving privileges of a person violating § 5-65-103 shall be suspended or revoked as provided by § 5-65-104 ; (ii) The driving privileges of a person violating § 5-65-205(a) shall be suspended or revoked as provided by § 5-65-205(b) ; (iii) The driving privileges of a person violating § 5-65-303 shall be suspended or revoked as provided by § 5-65-304(b) ; (iv) The driving privileges of a person violating § 5-65-310(a) shall be suspended or revoked as provided by § 5-65-310(b) ; (v) The driving privileges of a person violating § 27-23-114(a)(1) or § 27-23-114(a)(2) shall be disqualified as provided by § 27-23-112 ; (vi) The driving privileges of a person violating § 27-23-114(a)(5) shall be disqualified as provided by § 27-23-112 ; (vii) The driving privileges of a person violating § 3-3-203(a) shall be suspended, revoked, or disqualified as provided by § 3-3-203(e) ; and (viii) The driving privileges of a person violating § 5-27-503(a)(3) shall be suspended, revoked, or disqualified as provided by § 5-27-503(d) .

(i) The driving privileges of a person violating § 5-65-103 shall be suspended or revoked as provided by § 5-65-104 ;

(ii) The driving privileges of a person violating § 5-65-205(a) shall be suspended or revoked as provided by § 5-65-205(b) ;

(iii) The driving privileges of a person violating § 5-65-303 shall be suspended or revoked as provided by § 5-65-304(b) ;

(iv) The driving privileges of a person violating § 5-65-310(a) shall be suspended or revoked as provided by § 5-65-310(b) ;

(v) The driving privileges of a person violating § 27-23-114(a)(1) or § 27-23-114(a)(2) shall be disqualified as provided by § 27-23-112 ;

(vi) The driving privileges of a person violating § 27-23-114(a)(5) shall be disqualified as provided by § 27-23-112 ;

(vii) The driving privileges of a person violating § 3-3-203(a) shall be suspended, revoked, or disqualified as provided by § 3-3-203(e) ; and

(viii) The driving privileges of a person violating § 5-27-503(a)(3) shall be suspended, revoked, or disqualified as provided by § 5-27-503(d) .

(5) In addition to any other penalty provided for in this section, if the arrested person is a resident without a license or permit to operate a motor vehicle in this state: (A) The Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of six (6) months for a first offense; and (B) For a second or subsequent offense by a resident without a license or permit to operate a motor vehicle, the Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of one (1) year.

(A) The Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of six (6) months for a first offense; and

(B) For a second or subsequent offense by a resident without a license or permit to operate a motor vehicle, the Office of Driver Services shall deny to that arrested person the issuance of a license or permit for a period of one (1) year.

(6) (A) (i) If the arrested person is a nonresident, the arrested person's driving privilege in Arkansas shall be suspended in the same manner as that of a resident. (ii) The Office of Driver Services shall notify the office that issued the nonresident's driving privilege of the action taken by the Office of Driver Services. (B) When the arrested person is a nonresident without a license or permit to operate a motor vehicle, the Office of Driver Services shall notify the office of issuance for that arrested person's state of residence of action taken by the Office of Driver Services.

(A) (i) If the arrested person is a nonresident, the arrested person's driving privilege in Arkansas shall be suspended in the same manner as that of a resident. (ii) The Office of Driver Services shall notify the office that issued the nonresident's driving privilege of the action taken by the Office of Driver Services.

(i) If the arrested person is a nonresident, the arrested person's driving privilege in Arkansas shall be suspended in the same manner as that of a resident.

(ii) The Office of Driver Services shall notify the office that issued the nonresident's driving privilege of the action taken by the Office of Driver Services.

(B) When the arrested person is a nonresident without a license or permit to operate a motor vehicle, the Office of Driver Services shall notify the office of issuance for that arrested person's state of residence of action taken by the Office of Driver Services.

(7) (A) Upon the written request of a person whose driving privilege has been revoked, denied, disqualified, or suspended, or who has received a notice of revocation, suspension, disqualification, or denial by the arresting law enforcement officer, the Office of Driver Services shall grant the person an opportunity to be heard if the request is received by the Office of Driver Services within seven (7) calendar days after the notice of the revocation, suspension, disqualification, or denial is given in accordance with this section or as otherwise provided in this chapter. (B) A request described in subdivision (a)(7)(A) of this section does not operate to stay the revocation, suspension, disqualification, or denial by the Office of Driver Services until the disposition of the hearing.

(A) Upon the written request of a person whose driving privilege has been revoked, denied, disqualified, or suspended, or who has received a notice of revocation, suspension, disqualification, or denial by the arresting law enforcement officer, the Office of Driver Services shall grant the person an opportunity to be heard if the request is received by the Office of Driver Services within seven (7) calendar days after the notice of the revocation, suspension, disqualification, or denial is given in accordance with this section or as otherwise provided in this chapter.

(B) A request described in subdivision (a)(7)(A) of this section does not operate to stay the revocation, suspension, disqualification, or denial by the Office of Driver Services until the disposition of the hearing.

(8) (A) The hearing shall be before the Office of Driver Services or its authorized agent, in the office of the Revenue Division of the Department of Finance and Administration nearest the county where the alleged event occurred for which the person was arrested, unless the Office of Driver Services or its authorized agent and the arrested person agree otherwise to the hearing's being held in some other county or that the Office of Driver Services or its authorized agent may schedule the hearing or any part of the hearing by telephone and conduct the hearing by telephone conference call. (B) The hearing shall not be recorded. (C) At the hearing, the burden of proof is on the state and the decision shall be based on a preponderance of the evidence. (D) The scope of the hearing shall cover the issues of whether the arresting law enforcement officer had reasonable grounds to believe that the person: (i) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle or commercial motor vehicle while: (a) Intoxicated or impaired; (b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ; (c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or (d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ; (ii) Refused to submit to a chemical test of the breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's breath or blood and whether the person was placed under arrest; (iii) Was under twenty-one (21) years of age and purchased or was in possession of any intoxicating liquor, wine, or beer; or (iv) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law. (E) (i) The Office of Driver Services or its agent at the hearing shall consider any document submitted to the Office of Driver Services by the arresting law enforcement agency, document submitted by the arrested person, and the statement of the arrested person. (ii) The Office of Driver Services shall not have the power to compel the production of documents or the attendance of witnesses. (F) (i) If the revocation, suspension, disqualification, or denial is based upon a chemical test result indicating that the arrested person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether: (a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances; (b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health; (c) The chemical testing procedure used was in accordance with existing rules; and (d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance. (ii) If the revocation, suspension, disqualification, or denial is based upon the refusal of the arrested person to submit to a chemical test as provided in § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) , reflected in a sworn report by the arresting law enforcement officer, the scope of the hearing shall also include whether: (a) The arrested person refused to submit to the chemical test; and (b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test. (b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter. (c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding. (d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 . (e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive. (f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation. (g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge. (h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(A) The hearing shall be before the Office of Driver Services or its authorized agent, in the office of the Revenue Division of the Department of Finance and Administration nearest the county where the alleged event occurred for which the person was arrested, unless the Office of Driver Services or its authorized agent and the arrested person agree otherwise to the hearing's being held in some other county or that the Office of Driver Services or its authorized agent may schedule the hearing or any part of the hearing by telephone and conduct the hearing by telephone conference call.

(B) The hearing shall not be recorded.

(C) At the hearing, the burden of proof is on the state and the decision shall be based on a preponderance of the evidence.

(D) The scope of the hearing shall cover the issues of whether the arresting law enforcement officer had reasonable grounds to believe that the person: (i) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle or commercial motor vehicle while: (a) Intoxicated or impaired; (b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ; (c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or (d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ; (ii) Refused to submit to a chemical test of the breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's breath or blood and whether the person was placed under arrest; (iii) Was under twenty-one (21) years of age and purchased or was in possession of any intoxicating liquor, wine, or beer; or (iv) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(i) Had been operating or was in actual physical control of a motorboat on the waters of this state or a motor vehicle or commercial motor vehicle while: (a) Intoxicated or impaired; (b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ; (c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or (d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ;

(a) Intoxicated or impaired;

(b) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 5-65-103(a)(2) ;

(c) The blood alcohol concentration of a person under twenty-one (21) years of age was equal to or greater than the blood alcohol concentration prohibited by § 5-65-303 ; or

(d) The person's blood alcohol concentration measured by weight of alcohol in the person's blood was equal to or greater than the blood alcohol concentration prohibited by § 27-23-114 ;

(ii) Refused to submit to a chemical test of the breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's breath or blood and whether the person was placed under arrest;

(iii) Was under twenty-one (21) years of age and purchased or was in possession of any intoxicating liquor, wine, or beer; or

(iv) Was under twenty-one (21) years of age and attempted to purchase an alcoholic beverage or use a fraudulent or altered personal identification document for the purpose of purchasing an alcoholic beverage illegally or other material or substance restricted to adult purchase or possession under existing law.

(E) (i) The Office of Driver Services or its agent at the hearing shall consider any document submitted to the Office of Driver Services by the arresting law enforcement agency, document submitted by the arrested person, and the statement of the arrested person. (ii) The Office of Driver Services shall not have the power to compel the production of documents or the attendance of witnesses.

(i) The Office of Driver Services or its agent at the hearing shall consider any document submitted to the Office of Driver Services by the arresting law enforcement agency, document submitted by the arrested person, and the statement of the arrested person.

(ii) The Office of Driver Services shall not have the power to compel the production of documents or the attendance of witnesses.

(F) (i) If the revocation, suspension, disqualification, or denial is based upon a chemical test result indicating that the arrested person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether: (a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances; (b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health; (c) The chemical testing procedure used was in accordance with existing rules; and (d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance. (ii) If the revocation, suspension, disqualification, or denial is based upon the refusal of the arrested person to submit to a chemical test as provided in § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) , reflected in a sworn report by the arresting law enforcement officer, the scope of the hearing shall also include whether: (a) The arrested person refused to submit to the chemical test; and (b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test. (b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter. (c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding. (d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 . (e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive. (f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation. (g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge. (h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(i) If the revocation, suspension, disqualification, or denial is based upon a chemical test result indicating that the arrested person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether: (a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances; (b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health; (c) The chemical testing procedure used was in accordance with existing rules; and (d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance.

(a) The arrested person was advised that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances;

(b) The breath, blood, saliva, or urine specimen was obtained from the arrested person within the established and certified criteria of the Department of Health;

(c) The chemical testing procedure used was in accordance with existing rules; and

(d) The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration or other intoxicating substance.

(ii) If the revocation, suspension, disqualification, or denial is based upon the refusal of the arrested person to submit to a chemical test as provided in § 5-65-205 , § 5-65-310 , or § 27-23-114(a)(5) , reflected in a sworn report by the arresting law enforcement officer, the scope of the hearing shall also include whether: (a) The arrested person refused to submit to the chemical test; and (b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test. (b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter. (c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding. (d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 . (e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive. (f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation. (g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge. (h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(a) The arrested person refused to submit to the chemical test; and

(b) The arrested person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the arrested person refused to submit to the chemical test.

(b) After the hearing, the Office of Driver Services or its authorized agent shall order the revocation, suspension, disqualification, or denial to be rescinded or sustained and shall then advise any person whose driving privilege is revoked, suspended, or denied that he or she may request a restricted permit as otherwise provided for by this chapter.

(c) (1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure. (2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties. (3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding.

(1) (A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place. (B) A copy of the decision of the Office of Driver Services shall be attached to the petition. (C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure.

(A) A person adversely affected by the hearing disposition order of the Office of Driver Services or its authorized agent may file a de novo petition for review within thirty (30) days in the circuit court in the county in which the offense took place.

(B) A copy of the decision of the Office of Driver Services shall be attached to the petition.

(C) The petition shall be served on the Secretary of the Department of Finance and Administration under Rule 4 of the Arkansas Rules of Civil Procedure.

(2) (A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent. (B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services. (C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties.

(A) The filing of a petition for review does not stay or place in abeyance the decision of the Office of Driver Services or its authorized agent.

(B) If the circuit court issues an order staying the decision or placing the decision in abeyance, the circuit court shall transmit a copy of the order to the Office of Driver Services in the same manner that convictions and orders relating to driving records are sent to the Office of Driver Services.

(C) (i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered. (ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties.

(i) The circuit court shall hold a final hearing on the de novo review within one hundred twenty (120) days after the date that the order staying the decision or placing the decision in abeyance is entered.

(ii) The circuit court may conduct the final hearing by telephone conference with the consent of the parties.

(3) An administrative hearing held under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(4) (A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive. (B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding.

(A) On review, the circuit court shall hear the case de novo in order to determine based on a preponderance of the evidence whether a ground exists for revocation, suspension, disqualification, or denial of the person's privilege to drive.

(B) If the results of a chemical test of blood, breath, saliva, or urine are used as evidence in the suspension, revocation, or disqualification of the person's driving privilege, then § 5-65-206 shall apply in the circuit court proceeding.

(d) (1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) . (2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 .

(1) A decision rendered at an administrative hearing held under this section shall have no effect on any criminal case arising from a violation of § 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) .

(2) Any decision rendered by a court of law for a criminal case arising from any violation of § 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) shall affect the administrative suspension, disqualification, or revocation of the driving privilege as follows: (A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section; (B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and (C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 .

(A) A plea of guilty or nolo contendere or a finding of guilt by the court has no effect on an administrative hearing held under this section;

(B) (i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section. (ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and

(i) An acquittal on the charges or a dismissal of charges serves to reverse the suspension, disqualification, or revocation of the driving privilege suspended or revoked under this section.

(ii) The Office of Driver Services shall reinstate the person's driving privilege at no cost to the person, and the charges shall not be used to determine the number of previous offenses when administratively suspending, disqualifying, or revoking the driving privilege of an arrested person in the future; and

(C) The Office of Driver Services shall convert any initial administrative suspension or revocation of a driving privilege for violating § 5-65-103 to a suspension or revocation for violating § 5-65-303 if the person is convicted of violating § 5-65-303 instead of § 5-65-103 .

(e) A person whose privilege to drive has been denied, suspended, disqualified, or revoked shall remain under the denial, suspension, disqualification, or revocation and remain subject to penalties as provided in § 5-65-105 until such time as that person applies for, and is granted by the Office of Driver Services, reinstatement of the privilege to drive.

(f) The administrative suspension, disqualification, or revocation of a driving privilege as provided for by this section is supplementary to and in addition to a suspension, disqualification, or revocation of a driving privilege that is ordered by a court of competent jurisdiction for an offense under §§ 5-64-710 , 5-65-116 [repealed], and 27-16-914 , or other traffic or criminal offense in which a suspension, disqualification, or revocation of the driving privilege is a penalty for the violation.

(g) (1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services. (2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred. (3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge.

(1) (A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based. (B) An application for reinstatement shall be made to the Office of Driver Services.

(A) A person whose driving privilege is suspended or revoked under this section shall: (i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or (ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(i) Both: (a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and (b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or

(a) Furnish proof of attendance at and completion of the alcoholism treatment program, alcohol education program, or alcohol and driving education program required by § 5-65-104(b)(1) or § 5-65-307(a)(1) and, if applicable, at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and

(b) Pay a fee for reinstatement required under § 5-65-119 , § 5-65-304 , or, if applicable, § 5-65-121 ; or

(ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(B) An application for reinstatement shall be made to the Office of Driver Services.

(2) Even if a person has filed a de novo petition for review under subsection (c) of this section, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

(3) A person whose driving privilege is suspended or revoked under this section may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of a fee paid if the charge is dismissed or if the person is acquitted of the charge.

(h) Except as provided in subsection (a) of this section, this section shall not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

Amended by Act 2019, No. 1087,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3361, eff. 7/1/2019.

Amended by Act 2017, No. 1031,§ 8, eff. 8/1/2017.

Amended by Act 2017, No. 1031,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 14, eff. 7/22/2015.

Amended by Act 2013, No. 488,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 14, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 13, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 12, eff. 8/16/2013.

Amended by Act 2013, No. 361,§ 11, eff. 8/16/2013.

Acts 1999, No. 1077, § 21; 2003, No. 541, §§ 2-5; 2005, No. 1535, § 2; 2005, No. 1768, § 6; 2007, No. 922, § 2; 2009, No. 748, § 32; 2009, No. 946, § 3; 2009, No. 956, §§ 2, 3; 2011, No. 610, § 1.
Ark. Code Ann. § 5-1-111 — AR Code / Title 5 / Chapter 1 / Section 5-1-111
Burden of proof - Defenses and affirmative defenses - Presumption
Status: in_force

(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt: (1) Each element of the offense; (2) Jurisdiction; (3) Venue; and (4) The commission of the offense within the time period specified in § 5-1-109 . (b) The state is not required to prove jurisdiction or venue unless evidence is admitted that affirmatively shows that the court lacks jurisdiction or venue. (c) (1) The issue of the existence of a defense does not need to be submitted to the jury unless evidence is admitted supporting the defense. (2) If the issue of the existence of a defense is submitted to the jury, the court shall charge that any reasonable doubt on the issue requires that the defendant be acquitted. (3) A "defense" is any matter: (A) Designated a defense by a section of the Arkansas Criminal Code; (B) Designated a defense by a statute not a part of the Arkansas Criminal Code; or (C) Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence. (d) (1) The defendant shall prove an affirmative defense by a preponderance of the evidence. (2) An "affirmative defense" is any matter designated an affirmative defense by a: (A) Section of the Arkansas Criminal Code; or (B) Statute not a part of the Arkansas Criminal Code. (e) When the Arkansas Criminal Code or a statute not a part of the Arkansas Criminal Code provides that proof of a particular fact gives rise to a presumption as to the existence of a fact that is an element of the offense, the provision has the following consequences: (1) If there is evidence of the fact giving rise to the presumption, the issue as to the existence of the presumed fact shall be submitted to the jury unless the court determines that the evidence as a whole precludes a finding beyond a reasonable doubt of the presumed fact; and (2) (A) If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue. (B) However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted. Acts 1975, No. 280, § 110; A.S.A. 1947, § 41-110.

(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt: (1) Each element of the offense; (2) Jurisdiction; (3) Venue; and (4) The commission of the offense within the time period specified in § 5-1-109 .

(1) Each element of the offense;

(2) Jurisdiction;

(3) Venue; and

(4) The commission of the offense within the time period specified in § 5-1-109 .

(b) The state is not required to prove jurisdiction or venue unless evidence is admitted that affirmatively shows that the court lacks jurisdiction or venue.

(c) (1) The issue of the existence of a defense does not need to be submitted to the jury unless evidence is admitted supporting the defense. (2) If the issue of the existence of a defense is submitted to the jury, the court shall charge that any reasonable doubt on the issue requires that the defendant be acquitted. (3) A "defense" is any matter: (A) Designated a defense by a section of the Arkansas Criminal Code; (B) Designated a defense by a statute not a part of the Arkansas Criminal Code; or (C) Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence.

(1) The issue of the existence of a defense does not need to be submitted to the jury unless evidence is admitted supporting the defense.

(2) If the issue of the existence of a defense is submitted to the jury, the court shall charge that any reasonable doubt on the issue requires that the defendant be acquitted.

(3) A "defense" is any matter: (A) Designated a defense by a section of the Arkansas Criminal Code; (B) Designated a defense by a statute not a part of the Arkansas Criminal Code; or (C) Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence.

(A) Designated a defense by a section of the Arkansas Criminal Code;

(B) Designated a defense by a statute not a part of the Arkansas Criminal Code; or

(C) Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence.

(d) (1) The defendant shall prove an affirmative defense by a preponderance of the evidence. (2) An "affirmative defense" is any matter designated an affirmative defense by a: (A) Section of the Arkansas Criminal Code; or (B) Statute not a part of the Arkansas Criminal Code.

(1) The defendant shall prove an affirmative defense by a preponderance of the evidence.

(2) An "affirmative defense" is any matter designated an affirmative defense by a: (A) Section of the Arkansas Criminal Code; or (B) Statute not a part of the Arkansas Criminal Code.

(A) Section of the Arkansas Criminal Code; or

(B) Statute not a part of the Arkansas Criminal Code.

(e) When the Arkansas Criminal Code or a statute not a part of the Arkansas Criminal Code provides that proof of a particular fact gives rise to a presumption as to the existence of a fact that is an element of the offense, the provision has the following consequences: (1) If there is evidence of the fact giving rise to the presumption, the issue as to the existence of the presumed fact shall be submitted to the jury unless the court determines that the evidence as a whole precludes a finding beyond a reasonable doubt of the presumed fact; and (2) (A) If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue. (B) However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted.

(1) If there is evidence of the fact giving rise to the presumption, the issue as to the existence of the presumed fact shall be submitted to the jury unless the court determines that the evidence as a whole precludes a finding beyond a reasonable doubt of the presumed fact; and

(2) (A) If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue. (B) However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted.

(A) If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue.

(B) However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted.

Acts 1975, No. 280, § 110; A.S.A. 1947, § 41-110.
Ark. Code Ann. § 5-10-209 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-209
Factors considered when determining whether person possessed controlled substance for personal use
Status: in_force

For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation: (1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance; (2) The person does not possess a record indicating a drug-related transaction; (3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery; (4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and (5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation:

(1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance;

(2) The person does not possess a record indicating a drug-related transaction;

(3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery;

(4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and

(5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-71-228 — AR Code / Title 5 / Chapter 71 / Subchapter 2 / Section 5-71-228
Obstruction of shooting, hunting, fishing, or trapping activities
Status: in_force

(a) (1) It is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state. (2) Nothing in this section prohibits a landowner or lessee from exercising his or her lawful right to prohibit hunting, fishing, or trapping on his or her land, or from exercising any other legal right. (b) (1) A court of general jurisdiction may enjoin conduct that would be in violation of subsection (a) of this section upon petition by a person affected or who reasonably may be affected by the conduct upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances the conduct will be repeated. (2) (A) A court of general jurisdiction may award damages, that may include an award for punitive damages, to any person adversely affected by a violation of subsection (a) of this section. (B) In addition to any other item of special damages, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment, and supplies, to the extent that the expenditures were rendered futile by prevention of taking of a wild animal or fish. (c) (1) (A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor. (B) Otherwise, a violation of this section is a Class B misdemeanor. (2) If the person violating this section holds an Arkansas hunting, fishing, or trapping license at the time of conviction, the license is revoked. (d) This section does not prevent a game warden or other law enforcement officer from performing his or her duties. Amended by Act 2023, No. 852,§ 2, eff. 8/1/2023. Acts 1991, No. 149, §§ 1-4; 2005, No. 1994, § 483.

(a) (1) It is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state. (2) Nothing in this section prohibits a landowner or lessee from exercising his or her lawful right to prohibit hunting, fishing, or trapping on his or her land, or from exercising any other legal right.

(1) It is unlawful for any person to willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing, or trapping in this state.

(2) Nothing in this section prohibits a landowner or lessee from exercising his or her lawful right to prohibit hunting, fishing, or trapping on his or her land, or from exercising any other legal right.

(b) (1) A court of general jurisdiction may enjoin conduct that would be in violation of subsection (a) of this section upon petition by a person affected or who reasonably may be affected by the conduct upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances the conduct will be repeated. (2) (A) A court of general jurisdiction may award damages, that may include an award for punitive damages, to any person adversely affected by a violation of subsection (a) of this section. (B) In addition to any other item of special damages, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment, and supplies, to the extent that the expenditures were rendered futile by prevention of taking of a wild animal or fish.

(1) A court of general jurisdiction may enjoin conduct that would be in violation of subsection (a) of this section upon petition by a person affected or who reasonably may be affected by the conduct upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances the conduct will be repeated.

(2) (A) A court of general jurisdiction may award damages, that may include an award for punitive damages, to any person adversely affected by a violation of subsection (a) of this section. (B) In addition to any other item of special damages, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment, and supplies, to the extent that the expenditures were rendered futile by prevention of taking of a wild animal or fish.

(A) A court of general jurisdiction may award damages, that may include an award for punitive damages, to any person adversely affected by a violation of subsection (a) of this section.

(B) In addition to any other item of special damages, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment, and supplies, to the extent that the expenditures were rendered futile by prevention of taking of a wild animal or fish.

(c) (1) (A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor. (B) Otherwise, a violation of this section is a Class B misdemeanor. (2) If the person violating this section holds an Arkansas hunting, fishing, or trapping license at the time of conviction, the license is revoked.

(1) (A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor. (B) Otherwise, a violation of this section is a Class B misdemeanor.

(A) Any person violating a provision of this section and in possession of a firearm is guilty of a Class A misdemeanor.

(B) Otherwise, a violation of this section is a Class B misdemeanor.

(2) If the person violating this section holds an Arkansas hunting, fishing, or trapping license at the time of conviction, the license is revoked.

(d) This section does not prevent a game warden or other law enforcement officer from performing his or her duties.

Amended by Act 2023, No. 852,§ 2, eff. 8/1/2023.

Acts 1991, No. 149, §§ 1-4; 2005, No. 1994, § 483.
Ark. Code Ann. § 5-37-227 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-227
Financial identity fraud - Nonfinancial identity fraud - Restitution - Venue
Status: in_force

(a) A person commits financial identity fraud if the person: (1) For his or her benefit or the benefit of a third party, accesses, obtains, records, or submits to a financial institution another person's identifying information with a purpose to create, obtain, or open a credit account, debit account, or financial resource without the authorization of the other person; (2) Uses a scanning device, re-encoder, or a skimmer for the purpose of appropriating a financial resource, financial sight order information, or payment card information of another person to his or her own use or to the use of a third party without the authorization of the other person; or (3) Transfers to another person a financial resource, a financial sight order, or payment card information knowing that the other person is not entitled to obtain or possess the financial resource, financial sight order, or payment card information. (b) A person commits nonfinancial identity fraud if he or she knowingly obtains another person's identifying information without the other person's authorization and uses the identifying information for any unlawful purpose, including without limitation: (1) To avoid apprehension or criminal prosecution; (2) To harass another person; or (3) To obtain or to attempt to obtain a good, service, real property, or medical information of another person. (c) As used in this section: (1) "Check" means the same as defined in § 4-60-101 ; (2) "Debit card" means the same as defined in § 4-88-702 ; (3) "Elder person" means the same as defined in § 4-88-201 ; (4) "Financial institution" includes without limitation a credit card company, bank, or any other type of lending or credit company or institution; (5) "Financial resource" includes without limitation a credit card, debit card, or any other type of line of credit or loan; (6) "Financial sight order or payment card information" means financial information that is: (A) Contained on either side of a check or similar sight order or payment card; or (B) Encoded on the magnetic strip or stripe of a payment card; (7) "Identifying information" includes without limitation a: (A) Social Security number; (B) Driver's license number; (C) Checking account number; (D) Savings account number; (E) Credit card number; (F) Debit card number; (G) Personal identification number; (H) Electronic identification number; (I) Digital signature; or (J) Any other number or information that can be used to access a person's financial resources; (8) "Payment card" means a debit card or credit card; (9) "Person with a disability" means the same as defined in § 4-88-201 ; (10) "Re-encoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card, or any electronic medium that allows an authorized transaction to occur; (11) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card; and (12) "Skimmer" means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information. (d) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting the actor's age. (e) (1) Except as provided in subdivision (e)(2) of this section, financial identity fraud is a Class C felony. (2) Financial identity fraud is a Class B felony if the victim is an elder person or a person with a disability. (f) (1) Except as provided in subdivision (f)(2) of this section, nonfinancial identity fraud is a Class D felony. (2) Nonfinancial identity fraud is a Class C felony if the victim is an elder person or a person with a disability. (g) (1) In addition to any penalty imposed under this section, a violation of this section constitutes an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) Any remedy, penalty, or authority granted to the Attorney General or another person under the Deceptive Trade Practices Act, § 4-88-101 et seq., is available to the Attorney General or that other person for the enforcement of this section. (h) (1) (A) In addition to any penalty imposed under this section, upon conviction for financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under § 5-4-205 . (B) In addition to any other authorized restitution, the restitution order described in subdivision (h)(1)(A) of this section may include without limitation restitution for the following financial losses: (i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and (ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees. (C) The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or subsection (b) of this section. (2) A judgment entered under this section and § 5-4-205 does not bar a remedy available in a civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud. (i) Venue for any criminal prosecution under this section or any civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud is proper in any of the following venues: (1) In the county where the violation occurred; (2) If the violation was committed in more than one (1) county, or if the elements of the offense were committed in more than one (1) county, then in any county where any violation occurred or where an element of the offense occurred; (3) In the county where the victim resides; or (4) In the county where property that was fraudulently used or attempted to be used was located at the time of the violation. Amended by Act 2017, No. 932,§ 2, eff. 8/1/2017. Acts 1999, No. 568, § 1; 1999, No. 1578, § 1; 2005, No. 280, § 1; 2005, No. 1018, § 1; 2007, No. 85, § 1; 2009, No. 748, § 20.

(a) A person commits financial identity fraud if the person: (1) For his or her benefit or the benefit of a third party, accesses, obtains, records, or submits to a financial institution another person's identifying information with a purpose to create, obtain, or open a credit account, debit account, or financial resource without the authorization of the other person; (2) Uses a scanning device, re-encoder, or a skimmer for the purpose of appropriating a financial resource, financial sight order information, or payment card information of another person to his or her own use or to the use of a third party without the authorization of the other person; or (3) Transfers to another person a financial resource, a financial sight order, or payment card information knowing that the other person is not entitled to obtain or possess the financial resource, financial sight order, or payment card information.

(1) For his or her benefit or the benefit of a third party, accesses, obtains, records, or submits to a financial institution another person's identifying information with a purpose to create, obtain, or open a credit account, debit account, or financial resource without the authorization of the other person;

(2) Uses a scanning device, re-encoder, or a skimmer for the purpose of appropriating a financial resource, financial sight order information, or payment card information of another person to his or her own use or to the use of a third party without the authorization of the other person; or

(3) Transfers to another person a financial resource, a financial sight order, or payment card information knowing that the other person is not entitled to obtain or possess the financial resource, financial sight order, or payment card information.

(b) A person commits nonfinancial identity fraud if he or she knowingly obtains another person's identifying information without the other person's authorization and uses the identifying information for any unlawful purpose, including without limitation: (1) To avoid apprehension or criminal prosecution; (2) To harass another person; or (3) To obtain or to attempt to obtain a good, service, real property, or medical information of another person.

(1) To avoid apprehension or criminal prosecution;

(2) To harass another person; or

(3) To obtain or to attempt to obtain a good, service, real property, or medical information of another person.

(c) As used in this section: (1) "Check" means the same as defined in § 4-60-101 ; (2) "Debit card" means the same as defined in § 4-88-702 ; (3) "Elder person" means the same as defined in § 4-88-201 ; (4) "Financial institution" includes without limitation a credit card company, bank, or any other type of lending or credit company or institution; (5) "Financial resource" includes without limitation a credit card, debit card, or any other type of line of credit or loan; (6) "Financial sight order or payment card information" means financial information that is: (A) Contained on either side of a check or similar sight order or payment card; or (B) Encoded on the magnetic strip or stripe of a payment card; (7) "Identifying information" includes without limitation a: (A) Social Security number; (B) Driver's license number; (C) Checking account number; (D) Savings account number; (E) Credit card number; (F) Debit card number; (G) Personal identification number; (H) Electronic identification number; (I) Digital signature; or (J) Any other number or information that can be used to access a person's financial resources; (8) "Payment card" means a debit card or credit card; (9) "Person with a disability" means the same as defined in § 4-88-201 ; (10) "Re-encoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card, or any electronic medium that allows an authorized transaction to occur; (11) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card; and (12) "Skimmer" means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information.

(1) "Check" means the same as defined in § 4-60-101 ;

(2) "Debit card" means the same as defined in § 4-88-702 ;

(3) "Elder person" means the same as defined in § 4-88-201 ;

(4) "Financial institution" includes without limitation a credit card company, bank, or any other type of lending or credit company or institution;

(5) "Financial resource" includes without limitation a credit card, debit card, or any other type of line of credit or loan;

(6) "Financial sight order or payment card information" means financial information that is: (A) Contained on either side of a check or similar sight order or payment card; or (B) Encoded on the magnetic strip or stripe of a payment card;

(A) Contained on either side of a check or similar sight order or payment card; or

(B) Encoded on the magnetic strip or stripe of a payment card;

(7) "Identifying information" includes without limitation a: (A) Social Security number; (B) Driver's license number; (C) Checking account number; (D) Savings account number; (E) Credit card number; (F) Debit card number; (G) Personal identification number; (H) Electronic identification number; (I) Digital signature; or (J) Any other number or information that can be used to access a person's financial resources;

(A) Social Security number;

(B) Driver's license number;

(C) Checking account number;

(D) Savings account number;

(E) Credit card number;

(F) Debit card number;

(G) Personal identification number;

(H) Electronic identification number;

(I) Digital signature; or

(J) Any other number or information that can be used to access a person's financial resources;

(8) "Payment card" means a debit card or credit card;

(9) "Person with a disability" means the same as defined in § 4-88-201 ;

(10) "Re-encoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card, or any electronic medium that allows an authorized transaction to occur;

(11) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card; and

(12) "Skimmer" means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information.

(d) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting the actor's age.

(e) (1) Except as provided in subdivision (e)(2) of this section, financial identity fraud is a Class C felony. (2) Financial identity fraud is a Class B felony if the victim is an elder person or a person with a disability.

(1) Except as provided in subdivision (e)(2) of this section, financial identity fraud is a Class C felony.

(2) Financial identity fraud is a Class B felony if the victim is an elder person or a person with a disability.

(f) (1) Except as provided in subdivision (f)(2) of this section, nonfinancial identity fraud is a Class D felony. (2) Nonfinancial identity fraud is a Class C felony if the victim is an elder person or a person with a disability.

(1) Except as provided in subdivision (f)(2) of this section, nonfinancial identity fraud is a Class D felony.

(2) Nonfinancial identity fraud is a Class C felony if the victim is an elder person or a person with a disability.

(g) (1) In addition to any penalty imposed under this section, a violation of this section constitutes an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) Any remedy, penalty, or authority granted to the Attorney General or another person under the Deceptive Trade Practices Act, § 4-88-101 et seq., is available to the Attorney General or that other person for the enforcement of this section.

(1) In addition to any penalty imposed under this section, a violation of this section constitutes an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) Any remedy, penalty, or authority granted to the Attorney General or another person under the Deceptive Trade Practices Act, § 4-88-101 et seq., is available to the Attorney General or that other person for the enforcement of this section.

(h) (1) (A) In addition to any penalty imposed under this section, upon conviction for financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under § 5-4-205 . (B) In addition to any other authorized restitution, the restitution order described in subdivision (h)(1)(A) of this section may include without limitation restitution for the following financial losses: (i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and (ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees. (C) The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or subsection (b) of this section. (2) A judgment entered under this section and § 5-4-205 does not bar a remedy available in a civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud.

(1) (A) In addition to any penalty imposed under this section, upon conviction for financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under § 5-4-205 . (B) In addition to any other authorized restitution, the restitution order described in subdivision (h)(1)(A) of this section may include without limitation restitution for the following financial losses: (i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and (ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees. (C) The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or subsection (b) of this section.

(A) In addition to any penalty imposed under this section, upon conviction for financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under § 5-4-205 .

(B) In addition to any other authorized restitution, the restitution order described in subdivision (h)(1)(A) of this section may include without limitation restitution for the following financial losses: (i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and (ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees.

(i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and

(ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees.

(C) The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or subsection (b) of this section.

(2) A judgment entered under this section and § 5-4-205 does not bar a remedy available in a civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud.

(i) Venue for any criminal prosecution under this section or any civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud is proper in any of the following venues: (1) In the county where the violation occurred; (2) If the violation was committed in more than one (1) county, or if the elements of the offense were committed in more than one (1) county, then in any county where any violation occurred or where an element of the offense occurred; (3) In the county where the victim resides; or (4) In the county where property that was fraudulently used or attempted to be used was located at the time of the violation.

(1) In the county where the violation occurred;

(2) If the violation was committed in more than one (1) county, or if the elements of the offense were committed in more than one (1) county, then in any county where any violation occurred or where an element of the offense occurred;

(3) In the county where the victim resides; or

(4) In the county where property that was fraudulently used or attempted to be used was located at the time of the violation.

Amended by Act 2017, No. 932,§ 2, eff. 8/1/2017.

Acts 1999, No. 568, § 1; 1999, No. 1578, § 1; 2005, No. 280, § 1; 2005, No. 1018, § 1; 2007, No. 85, § 1; 2009, No. 748, § 20.
Ark. Code Ann. § 5-36-205 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-205
Ineligibility for programs
Status: in_force

In addition to a penalty set forth in this subchapter: (1) Except as set forth in subdivision (4) of this section, any recipient of a food stamp who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the food stamp program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of a food stamp; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of a food stamp; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of a food stamp; (2) Any recipient of transitional employment assistance who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Transitional Employment Assistance Program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of transitional employment assistance; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of transitional employment assistance; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of transitional employment assistance; (3) Any recipient of supplemental security income who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Supplemental Security Income Program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of supplemental security income; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of supplemental security income; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of supplemental security income; and (4) An individual is ineligible to participate in the food stamp program as a member of any household for a ten-year period if the individual is found by the Department of Human Services to have made or is found guilty of or pleads guilty or nolo contendere to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously. Acts 1993, No. 320, § 7; 1995, No. 1174, § 1; 1997, No. 1058, § 28; 1999, No. 1567, § 2.

In addition to a penalty set forth in this subchapter:

(1) Except as set forth in subdivision (4) of this section, any recipient of a food stamp who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the food stamp program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of a food stamp; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of a food stamp; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of a food stamp;

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of a food stamp;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of a food stamp; and

(C) Permanently upon the third occasion of an offense pertaining to the receipt of a food stamp;

(2) Any recipient of transitional employment assistance who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Transitional Employment Assistance Program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of transitional employment assistance; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of transitional employment assistance; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of transitional employment assistance;

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of transitional employment assistance;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of transitional employment assistance; and

(C) Permanently upon the third occasion of an offense pertaining to the receipt of transitional employment assistance;

(3) Any recipient of supplemental security income who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Supplemental Security Income Program, as follows: (A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of supplemental security income; (B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of supplemental security income; and (C) Permanently upon the third occasion of an offense pertaining to the receipt of supplemental security income; and

(A) For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of supplemental security income;

(B) For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of supplemental security income; and

(C) Permanently upon the third occasion of an offense pertaining to the receipt of supplemental security income; and

(4) An individual is ineligible to participate in the food stamp program as a member of any household for a ten-year period if the individual is found by the Department of Human Services to have made or is found guilty of or pleads guilty or nolo contendere to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously.

Acts 1993, No. 320, § 7; 1995, No. 1174, § 1; 1997, No. 1058, § 28; 1999, No. 1567, § 2.
Ark. Code Ann. § 5-37-101 — AR Code / Title 5 / Chapter 37 / Subchapter 1 / Section 5-37-101
Definitions
Status: in_force

As used in this chapter: (1) "Coin machine" means a coin box, turnstile, vending machine, receptacle, or other mechanical or electronic device designed to receive a coin or bill of a certain denomination or token made for that purpose, and in return for the insertion or deposit of the coin, bill, or token, to offer, to provide, to assist in providing, or to permit the acquisition of property or public or private service; (2) "Credit card" means any instrument or device issued with or without fee by an issuer for use in obtaining money, goods, services, or anything else of value on credit; (3) (A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud. (B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise. (C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed; (4) "Electronic cash register" means a device that keeps a register or supporting document by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data or a transaction report; (5) "Enterprise" means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, charitable, social, political, or governmental activity; (6) "Financial institution" means any organization or enterprise held out to the public as a place of deposit of funds or medium of savings; (7) (A) "Slug" means an object that by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a substitute for a genuine coin, bill, or token. (B) The value of a slug is deemed to be the value of the coin, bill, or token for which it is capable of being substituted; (8) "Transaction data" means information concerning one (1) or more sales transactions, including without limitation the following: (A) The items purchased by each customer; (B) The price for each item purchased; (C) A taxability determination for each item purchased; (D) A segregated tax amount for each taxed item purchased; (E) The amount of cash or credit tendered for each purchase; (F) The net amount returned to the customer in change; (G) The date and time of the purchase; (H) The name, address, and identification number of the vendor; and (I) The receipt or invoice number of the transaction; (9) "Transaction report" means a report that includes without limitation: (A) The sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of the day or shift; and (B) Each action at an electronic cash register that is stored electronically; (10) "Utter" means to transfer, pass, or deliver or cause to be transferred, passed, or delivered to another person any written instrument, or to attempt to do so; (11) (A) "Value" means: (i) The market value of the property or service at the time and place of the offense; (ii) If the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; or (iii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value: (a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or (b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt. (B) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value; and (12) (A) "Written instrument" means any paper, document, or other material containing written or printed matter or its equivalent. (B) "Written instrument" includes any money, token, stamp, seal, badge, trademark, retail sales receipt, universal product code label or other evidence or symbol of value, right, privilege, or identification that is capable of being used to the advantage or disadvantage of any person. Amended by Act 2013, No. 1076,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2301; A.S.A. 1947, § 41-2301; Acts 1999, No. 1479, § 1.

As used in this chapter:

(1) "Coin machine" means a coin box, turnstile, vending machine, receptacle, or other mechanical or electronic device designed to receive a coin or bill of a certain denomination or token made for that purpose, and in return for the insertion or deposit of the coin, bill, or token, to offer, to provide, to assist in providing, or to permit the acquisition of property or public or private service;

(2) "Credit card" means any instrument or device issued with or without fee by an issuer for use in obtaining money, goods, services, or anything else of value on credit;

(3) (A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud. (B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise. (C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(A) "Deception" means: (i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true; (ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction; (iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship; (iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or (v) Employing any other scheme to defraud.

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud.

(B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(C) "Deception" does not include: (i) Falsity as to a matter having no pecuniary significance; or (ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(4) "Electronic cash register" means a device that keeps a register or supporting document by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data or a transaction report;

(5) "Enterprise" means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, charitable, social, political, or governmental activity;

(6) "Financial institution" means any organization or enterprise held out to the public as a place of deposit of funds or medium of savings;

(7) (A) "Slug" means an object that by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a substitute for a genuine coin, bill, or token. (B) The value of a slug is deemed to be the value of the coin, bill, or token for which it is capable of being substituted;

(A) "Slug" means an object that by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a substitute for a genuine coin, bill, or token.

(B) The value of a slug is deemed to be the value of the coin, bill, or token for which it is capable of being substituted;

(8) "Transaction data" means information concerning one (1) or more sales transactions, including without limitation the following: (A) The items purchased by each customer; (B) The price for each item purchased; (C) A taxability determination for each item purchased; (D) A segregated tax amount for each taxed item purchased; (E) The amount of cash or credit tendered for each purchase; (F) The net amount returned to the customer in change; (G) The date and time of the purchase; (H) The name, address, and identification number of the vendor; and (I) The receipt or invoice number of the transaction;

(A) The items purchased by each customer;

(B) The price for each item purchased;

(C) A taxability determination for each item purchased;

(D) A segregated tax amount for each taxed item purchased;

(E) The amount of cash or credit tendered for each purchase;

(F) The net amount returned to the customer in change;

(G) The date and time of the purchase;

(H) The name, address, and identification number of the vendor; and

(I) The receipt or invoice number of the transaction;

(9) "Transaction report" means a report that includes without limitation: (A) The sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of the day or shift; and (B) Each action at an electronic cash register that is stored electronically;

(A) The sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of the day or shift; and

(B) Each action at an electronic cash register that is stored electronically;

(10) "Utter" means to transfer, pass, or deliver or cause to be transferred, passed, or delivered to another person any written instrument, or to attempt to do so;

(11) (A) "Value" means: (i) The market value of the property or service at the time and place of the offense; (ii) If the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; or (iii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value: (a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or (b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt. (B) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value; and

(A) "Value" means: (i) The market value of the property or service at the time and place of the offense; (ii) If the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; or (iii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value: (a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or (b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt.

(i) The market value of the property or service at the time and place of the offense;

(ii) If the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; or

(iii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value: (a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or (b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt.

(a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or

(b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt.

(B) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value; and

(12) (A) "Written instrument" means any paper, document, or other material containing written or printed matter or its equivalent. (B) "Written instrument" includes any money, token, stamp, seal, badge, trademark, retail sales receipt, universal product code label or other evidence or symbol of value, right, privilege, or identification that is capable of being used to the advantage or disadvantage of any person.

(A) "Written instrument" means any paper, document, or other material containing written or printed matter or its equivalent.

(B) "Written instrument" includes any money, token, stamp, seal, badge, trademark, retail sales receipt, universal product code label or other evidence or symbol of value, right, privilege, or identification that is capable of being used to the advantage or disadvantage of any person.

Amended by Act 2013, No. 1076,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2301; A.S.A. 1947, § 41-2301; Acts 1999, No. 1479, § 1.
Ark. Code Ann. § 5-52-104 — AR Code / Title 5 / Chapter 52 / Section 5-52-104
Soliciting unlawful compensation
Status: in_force

(a) A person commits the offense of soliciting unlawful compensation if he or she requests a benefit for the performance of an official action as a public servant knowing that he or she is required to perform that action: (1) Without compensation, other than authorized salary or allowances; or (2) At a level of compensation lower than that requested. (b) Soliciting unlawful compensation is a Class A misdemeanor. Acts 1975, No. 280, § 2704; A.S.A. 1947, § 41-2704.

(a) A person commits the offense of soliciting unlawful compensation if he or she requests a benefit for the performance of an official action as a public servant knowing that he or she is required to perform that action: (1) Without compensation, other than authorized salary or allowances; or (2) At a level of compensation lower than that requested.

(1) Without compensation, other than authorized salary or allowances; or

(2) At a level of compensation lower than that requested.

(b) Soliciting unlawful compensation is a Class A misdemeanor.

Acts 1975, No. 280, § 2704; A.S.A. 1947, § 41-2704.