reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-110 - Record of violations and court actions - Abstract

(a)
A court shall:
(1)
Keep or cause to be kept a record of any violation of this chapter presented to that court; and
(2)
Keep a record of any official action by that court in reference to the violation including without limitation:
(A)
A record of every finding of guilt;
(B)
A record of every plea of guilty or nolo contendere;
(C)
A judgment of acquittal; and
(D)
The amount of fine and jail sentence.
(b)
(1)
The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract of the court record pertaining to the case in which the person was found guilty or pleaded guilty or nolo contendere.
(2)
The abstract shall be:
(A)
Prepared within five (5) business days after the defendant was found guilty or pleaded guilty or nolo contendere and then sentenced;
(B)
Certified by the person required to prepare it to be true and correct; and
(C)
Made upon a form furnished by the office and shall include:
(i)
The name and address of the person charged;
(ii)
The number, if any, of the operator's or chauffeur's license of the person charged;
(iii)
The registration number of the vehicle or motorboat involved;
(iv)
The date of the hearing;
(v)
The defendant's plea;
(vi)
The judgment; and
(vii)
The amount of the fine and jail sentence.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 10; A.S.A. 1947, § 75-2510.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-112 - Fines

A person who pleads guilty or nolo contendere to or is found guilty of violating §
5-65-103
shall be fined:
(1)
No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense;
(2)
No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and
(3)
No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third or subsequent offense occurring within five (5) years of the first offense.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 1268,§ 2, eff. 8/16/2013.
Acts 1983, No. 549, § 5; A.S.A. 1947, § 75-2505; Acts 1993, No. 106, § 1; 1999, No. 1077, § 12.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-114 - Inability to pay - Alternative public service work

If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 918, § 4; A.S.A. 1947, § 75-2533.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-116 - [Repealed]

Repealed by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-117 - Seizure and sale of a motor vehicle or motorboat

(a)
(1)
(A)
A person who pleads guilty or nolo contendere to or is found guilty of violating §
5-65-103
for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.
(B)
A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense.
(C)
The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.
(2)
(A)
It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court.
(B)
The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.
(b)
(1)
The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county.
(2)
The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.
(c)
The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund.
(d)
(1)
The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer.
(2)
The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.
(e)
A forfeiture of a motor vehicle or motorboat under this section that is encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the offense.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 412,§ 1, eff. 8/16/2013.
Acts 1989 (3rd Ex. Sess.), No. 94, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-119 - Distribution of fee

(a)
(1)
The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating §
5-65-103
or §
5-65-205
.
(2)
The fee under subdivision (a)(1) of this section shall be distributed as follows:
(A)
Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health;
(B)
Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter;
(C)
Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, §
19-5-101
et seq.; and
(D)
Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
(3)
Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under §
26-36-301
et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.
(b)
(1)
(A)
The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under §
5-65-103
or §
5-65-205
unless the administrative suspension order has been removed because:
(i)
The person has been found not guilty of the offense by a circuit court or district court; or
(ii)
A de novo review of the administrative suspension order by the Office of Driver Services results in the removal.
(B)
The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under §
5-65-304
, §
5-65-310
, §
27-16-508
, or §
27-16-808
.
(2)
As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.
Amended by Act 2019, No. 803,§ 1, eff. 7/24/2019.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 3, eff. 8/16/2013.
Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No. 1001, § 1; 2005, No. 1992, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-120 - Restricted driving permit

(a)
The Office of Driver Services may modify the administrative denial or suspension of a driver's license under §
5-65-402
after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:
(1)
The denial or suspension results in a case of extreme and unusual hardship; and
(2)
After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:
(A)
The person:
(i)
Is not a multiple traffic law offender; or
(ii)
Does not present a threat to the general public; and
(B)
Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:
(i)
To and from the person's place of employment;
(ii)
In the course of the person's employment;
(iii)
To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;
(iv)
To and from an alcohol education program or alcoholism treatment program for drunk drivers; or
(v)
To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.
(b)
The issuance of a restricted driving permit under this section is solely within the discretion of the office.
(c)
A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.
(d)
A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating §
5-65-103
, §
5-65-205
, §
5-65-303
, or §
5-65-310
, a second or subsequent time within five (5) years of the first offense.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-121 - Victim impact panel attendance - Fee

(a)
(1)
A person whose driving privileges are suspended or revoked for violating §
5-65-103
, §
5-65-205
, §
5-65-303
, §
5-65-310
, or §
3-3-203
shall attend a victim impact panel provided by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(2)
The organization approved by the division to provide the victim impact panel shall be a drug and alcohol safety education program provider contracted with the division.
(b)
(1)
The organization approved by the division may collect a program fee of forty dollars ($40.00) per enrollee to offset program costs to be remitted to the organization.
(2)
However, if the enrollee is in the custody of the Department of Corrections, the organization may collect a program fee not to exceed ten dollars ($10.00) per enrollee to offset program costs to be remitted to the organization.
(3)
The organization approved by the division shall provide proof of attendance and completion to the person required to attend the victim impact panel upon completion of the victim impact panel.
Amended by Act 2021, No. 500,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 913,§ 21, eff. 8/1/2017.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 1107,§ 6, eff. 8/16/2013.
Acts 2009, No. 946, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-122 - [Repealed]

Repealed by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Added by Act 2013, No. 1268,§ 3, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 2 - CHEMICAL ANALYSIS OF BODY SUBSTANCES (§§ 5-65-201 — 5-65-208) › Section 5-65-201 - Rules

The Department of Health may promulgate rules reasonably necessary to carry out the purposes of this subchapter.
Amended by Act 2019, No. 315,§ 168, eff. 7/24/2019.
Acts 1969, No. 106, § 2; A.S.A. 1947, § 75-1046.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 2 - CHEMICAL ANALYSIS OF BODY SUBSTANCES (§§ 5-65-201 — 5-65-208) › Section 5-65-202 - Implied consent

(a)
A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to §
5-65-203
, to one (1) or more chemical tests of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood if:
(1)
The person is arrested for any offense arising out of an act alleged to have been committed while the person was driving or boating while intoxicated or driving or boating while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood;
(2)
The person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or
(3)
At the time the person is arrested for driving or boating while intoxicated, the law enforcement officer has reasonable cause to believe that the person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is intoxicated or has an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.
(b)
A person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and one (1) or more chemical tests may be administered subject to §
5-65-203
.
(c)
Absent exigent circumstances, a test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or the person's express consent to the test.
Amended by Act 2021, No. 147,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 1031,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1155,§ 11, eff. 7/22/2015.
Amended by Act 2015, No. 299,§ 7, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 4, eff. 8/16/2013.
Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 1993, No. 132, § 1; 2001, No. 561, § 7; 2009, No. 431, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 2 - CHEMICAL ANALYSIS OF BODY SUBSTANCES (§§ 5-65-201 — 5-65-208) › Section 5-65-203 - Administration of a chemical test

(a)
One (1) or more chemical tests authorized in §
5-65-202
shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while there was an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood.
(b)
(1)
The law enforcement agency by which the law enforcement officer is employed shall designate which chemical test or chemical tests shall be administered, and the law enforcement agency is responsible for paying any expense incurred in conducting the chemical test or chemical tests.
(2)
If the person tested requests that additional chemical test or chemical tests be made as authorized in §
5-65-204(d)
, the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty, in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests.
(3)
If a person objects to the taking of his or her blood for a chemical test as authorized in this chapter, the breath, saliva, or urine of the person may be used for the chemical test.
Amended by Act 2015, No. 299,§ 8, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 5, eff. 8/16/2013.
Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 2001, No. 561, § 8; 2009, No. 431, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 2 - CHEMICAL ANALYSIS OF BODY SUBSTANCES (§§ 5-65-201 — 5-65-208) › Section 5-65-207 - Alcohol testing devices

(a)
(1)
An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis:
(A)
Is made automatically when a sample of the person's breath is placed in the instrument; and
(B)
Does not require adjustment or other action by the person administering the analysis.
(2)
The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout.
(b)
A breath analysis made by or through the use of an instrument that does not conform to the requirements of this section is inadmissible in a criminal or civil proceeding.
(c)
(1)
The State Board of Health may adopt appropriate rules to carry out the intent of this section.
(2)
Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration.
(3)
(A)
The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section.
(B)
The approved types or models shall be specified by manufacturer's name and model.
(d)
A law enforcement agency that conducts alcohol testing shall comply with this section.
Amended by Act 2015, No. 299,§ 11, eff. 7/22/2015.
Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 -- 75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No. 827, § 81.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-301 - Title

This subchapter may be known and cited as the "Underage Driving or Boating Under the Influence Law" or the "Underage DUI or BUI Law".
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-302 - [Repealed]

Repealed by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-303 - Driving or boating under the influence while underage

(a)
A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while:
(1)
Under the influence of an alcoholic beverage or similar intoxicant; or
(2)
At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.
(b)
A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.
(c)
An alcohol-related offense under this section is a strict liability offense.
Amended by Act 2015EX1, No. 6,§ 6, eff. 7/22/2015.
Amended by Act 2015EX1, No. 6,§ 5, eff. 5/29/2015.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 3; 2001, No. 561, § 14.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-304 - Seizure, suspension, and revocation of license - Temporary permits

(a)
At the time of arrest for violating §
5-65-303
, the arresting law enforcement officer shall seize the underage person's motor vehicle operator's license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by §
5-65-402
.
(b)
(1)
As provided by §
5-65-402
, the Office of Driver Services shall:
(A)
Suspend or revoke the driving privileges of the arrested underage person; and
(B)
Provide the arrested underage person the right to hearing and judicial review.
(2)
The office shall suspend or revoke the underage person's driving privilege for violating §
5-65-303
as follows:
(A)
Suspend the driving privilege for ninety (90) days for a first offense;
(B)
Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and
(C)
(i)
Revoke the driving privilege for a third or subsequent offense occurring while the person is underage.
(ii)
A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.
(c)
Either of the following are considered a previous offense by the office under this section:
(1)
A conviction for violating §
5-65-103
or §
5-65-303
; and
(2)
A suspension or revocation of driving privileges for an arrest for a violation of §
5-65-103
or §
5-65-303
when the person was not subsequently acquitted of the criminal charge.
(d)
(1)
(A)
A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under §
5-65-303
.
(B)
As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.
(2)
The fee under this subsection is not required when an administrative suspension order has been removed because:
(A)
The person has been found not guilty of the offense by a circuit court or district court; or
(B)
A de novo review of the administrative suspension order by the office resulted in the removal.
(3)
Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health.
(4)
The fee under this subsection is supplemental to and in addition to any fee imposed under §
5-65-119
, §
5-65-310
, §
27-16-508
, or §
27-16-808
.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No. 1992, § 2; 2007, No. 712, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-305 - Fines

(a)
A person who pleads guilty or nolo contendere to or is found guilty of violating §
5-65-303
or §
5-65-310
shall be fined:
(1)
Not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for a first offense;
(2)
Not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000) for a second offense; and
(3)
Not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a third or subsequent offense.
(b)
(1)
For the purpose of determining a person's fine under this section, a conviction or suspension for violating §
5-65-103
or §
5-65-205
may be considered a previous offense.
(2)
However, a conviction or suspension for §
5-65-103
or §
5-65-205
is considered only one (1) previous offense if the conviction or suspension arose out of the same criminal offense.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 5; 1999, No. 1077, § 17.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-306 - Public service work

(a)
A person who pleads guilty or nolo contendere to or is found guilty of violating §
5-65-303
or §
5-65-310
shall be ordered by the court to perform public service work at the discretion of the court.
(b)
The period of public service work shall be for not less than:
(1)
Thirty (30) days for a second offense of violating §
5-65-303
; and
(2)
Sixty (60) days for a third or subsequent offense of violating §
5-65-303
.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 6; 1999, No. 1077, § 18.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-308 - No probation prior to adjudication of guilt - Records

(a)
A circuit court judge or district court judge may not utilize the first-time offender probation provisions under §
16-93-301
et seq. when the defendant is charged with violating §
5-65-303
.
(b)
Notwithstanding the provisions of §
5-4-301
, §
5-4-322
, or this section, a circuit court judge or district court judge may:
(1)
Utilize probationary supervision, in addition to the mandatory penalties required for a violation of §
5-65-303
, solely for the purpose of monitoring compliance with his or her orders; and
(2)
Require a defendant to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.
(c)
The court shall keep or cause to be kept a record of all official actions that are the result of a violation of this subchapter, including without limitation:
(1)
The ultimate resolution of the case; and
(2)
The sentence and fine, if applicable.
(d)
(1)
The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services within five (5) business days after the sentencing of a person who has been found guilty or pleaded guilty or nolo contendere to a violation of this subchapter an abstract of the record.
(2)
The abstract shall be:
(A)
Certified by the person required to prepare it to be true and correct; and
(B)
Made upon a form furnished by the office and shall include:
(i)
The name and address of the person charged;
(ii)
The number, if any, of the driver's license of the person charged;
(iii)
The registration number of the motor vehicle or motorboat involved;
(iv)
The date of hearing;
(v)
The plea;
(vi)
The judgment; and
(vii)
The amount of the fine and sentence.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 8; 2005, No. 1768, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-309 - Implied consent

(a)
An underage person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motor vehicle or motorboat in this state is deemed to have given consent, subject to §
5-65-203
, to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her breath or blood if:
(1)
The underage person is arrested for any offense arising out of an act alleged to have been committed while the underage person was driving or boating while under the influence or driving or boating while there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, saliva, or urine;
(2)
The underage person is involved in an accident while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle; or
(3)
The underage person is stopped by a law enforcement officer who has reasonable cause to believe that the underage person, while operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle, is under the influence or has an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath or blood.
(b)
An underage person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided by subsection (a) of this section, and a chemical test may be administered subject to §
5-65-203
.
(c)
A test of an underage person's blood under this section to determine the underage person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the underage person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated.
Amended by Act 2019, No. 380,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 1031,§ 6, eff. 8/1/2017.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 10, eff. 8/16/2013.
Acts 1993, No. 863, § 9; 2001, No. 561, § 15.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 3 - UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW (§§ 5-65-301 — 5-65-311) › Section 5-65-311 - Relationship to other laws

(a)
A penalty under this subchapter for violating §
5-65-303
is in addition to other penalties prescribed by law for the offense under another law of the State of Arkansas.
(b)
There is no presumption under this subchapter that an underage person is not under the influence of an intoxicating substance, such as alcohol or a similar intoxicant, if the underage person's alcohol concentration is four hundredths (0.04) or less.
(c)
The following aspects of the chemical test or instrument for testing breath or blood alcohol concentration under this chapter may be used in the same manner for an offense under this subchapter:
(1)
The administration of a chemical test for breath or blood alcohol;
(2)
The instrument used to administer the chemical test;
(3)
The procedure used to calibrate and maintain the instrument; and
(4)
The use of the chemical test results as evidence.
Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.
Acts 1993, No. 863, § 11; 2001, No. 561, § 16.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 4 - ADMINISTRATIVE DRIVER'S LICENSE SUSPENSION (§§ 5-65-401 — 5-65-403) › Section 5-65-401 - Definitions

As used in this subchapter:
(1)
"Disqualification" means a prohibition against driving a commercial motor vehicle;
(2)
"Immobilization" means revocation or suspension of the registration or license plate of a motor vehicle; and
(3)
"Sworn report" means a signed and written statement of a certified law enforcement officer, under penalty of perjury, on a form provided by the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 910,§ 3360, eff. 7/1/2019.
Acts 1999, No. 1077, § 21.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-101 - Construction of statutes

(a)
In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devices that now are, or may hereafter be, brought into practice, in any and in all kinds of gaming, and all general terms of descriptions shall be so construed as to have effect, and include all such games and devices as are not specially named.
(b)
In all cases in which construction is necessary, the construction shall be in favor of the prohibition and against the offender.
Rev. Stat., ch. 44, div. 6, art. 3, § 13; C. & M. Dig., § 2645; Pope's Dig., § 3335; A.S.A. 1947, § 41-3265.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-102 - [Repealed]

Repealed by Act 2013, No. 1348,§ 14, eff. 8/16/2013.
Rev. Stat., ch. 44, div. 6, art. 3, § 9; C. & M. Dig., § 2642; Pope's Dig., § 3332; A.S.A. 1947, § 41-3264.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-103 - Keeping a gambling house

(a)
A person commits the offense of keeping a gambling house if the person:
(1)
Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on;
(2)
Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or
(3)
Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house.
(b)
Keeping a gambling house is a Class D felony.
Acts 1913, No. 152, §§ 1, 2; C. & M. Dig., §§ 2632, 2633; Pope's Dig., §§ 3322, 3323; A.S.A. 1947, §§ 41-3251, 41-3252; Acts 2005, No. 70, § 1; 2007, No. 555, § 1; No. 827, § 82.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-104 - Gaming devices - Prohibition

(a)
It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called "A. B. C.", "E. O.", roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not named in this section, regardless of the name or denomination, either:
(1)
Adapted, devised, or designed for the purpose of playing any game of chance; or
(2)
At which any money or property may be won or lost.
(b)
Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
Rev. Stat., ch. 44, div. 6, art. 3, § 1; C. & M. Dig., § 2630; Pope's Dig., § 3320; A.S.A. 1947, § 41-3253; Acts 2009, No. 748, § 33.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-105 - Gaming devices - Financial interest

(a)
It is unlawful for any person in any way, either directly or indirectly, to be:
(1)
Interested or concerned in any gaming prohibited by §
5-66-104
, either by furnishing money or another article for the purpose of carrying on gaming; or
(2)
Interested in the loss or gain of gaming prohibited by §
5-66-104
.
(b)
Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
Rev. Stat., ch. 44, div. 6, art. 3, § 2; C. & M. Dig., § 2631; Pope's Dig., § 3321; A.S.A. 1947, § 41-3254; Acts 2007, No. 827, § 83.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-106 - Gaming devices - Betting

(a)
It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by §
5-66-104
.
(b)
Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any sum not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00).
Rev. Stat., ch. 44, div. 6, art. 3, § 3; C. & M. Dig., § 2634; Pope's Dig., § 3324; A.S.A. 1947, § 41-3255; Acts 2007, No. 827, § 84.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-107 - Gaming devices - In buildings or on vessels

(a)
It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in §
5-66-104
or permit or suffer any kind of gaming under any name, to be carried on or exhibited in his or her house, outbuilding, or other building, or on board of any steamboat, flatboat, keelboat, or other vessel on any of the waters within this state.
(b)
Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
Rev. Stat., ch. 44, div. 6, art. 3, § 4; C. & M. Dig., § 2635; Pope's Dig., § 3325; A.S.A. 1947, § 41-3256; Acts 2007, No. 827, § 85.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-108 - [Repealed]

Repealed by Act 2013, No. 1348,§ 15, eff. 8/16/2013.
Rev. Stat., ch. 44, div. 6, art. 3, §§ 6, 7; C. & M. Dig., §§ 2637, 2638; Pope's Dig., §§ 3327, 3328; A.S.A. 1947, §§ 41-3259, 41-3260.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-109 - [Repealed]

Repealed by Act 2013, No. 1348,§ 16, eff. 8/16/2013.
Rev. Stat., ch. 44, div. 6, art. 3, § 5; Rev. Stat., ch. 154, § 2; C. & M. Dig., §§ 2636, 2802; Pope's Dig., §§ 3326, 3506; A.S.A. 1947, §§ 41-3257, 41-3258.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-110 - Keno, etc

(a)
If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as "keno" or any similar device by any other name or without a name, upon conviction the person is guilty of a violation and shall be fined in any sum not less than two hundred dollars ($200) for benefit of the common school fund.
(b)
(1)
It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day.
(2)
If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500).
(c)
(1)
It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section.
(2)
If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office.
(d)
No license granted by any city or town is a bar to any prosecution or conviction under a provision of this section or any excuse, protection, or justification for any justice of the peace or prosecuting attorney failing to carry out the same.
Acts 1877, No. 71, §§ 1-5, 7, p. 70; C. & M. Dig., §§ 2646-2651; Pope's Dig., §§ 3336-3341; A.S.A. 1947, §§ 41-3266 -- 41-3271; Acts 2009, No. 748, § 34.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 66 - GAMBLING (§§ 5-66-101 — 5-66-120) › Section 5-66-111 - Pinball machines, etc

(a)
(1)
Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful.
(2)
The operation of the coin-operated pinball machine or other device described in subdivision (a)(1) of this section is a misdemeanor that is punishable by the imposition of a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for not more than one (1) year, or both.
(b)
It is the intent of this section to prohibit the use of so-called "bingo"-type pinball machines, the interstate transportation of which is prohibited by
15 U.S.C. § 1172
.
(c)
(1)
A coin-operated amusement device, including a pinball machine, that takes only one (1) coin for each player for each game and that is equipped with flippers that can be activated by the player to propel a ball back onto the playing surface of the machine so as to prolong the playing time and increase the score attained by the player and upon which not more than twenty-five (25) free games can be won by the player are specifically designated as an amusement device.
(2)
The use of an amusement device described in subdivision (c)(1) of this section is declared to be legal so long as all state and municipal taxes have been paid and the owner of the amusement device has obtained a permit, filed a bond, and paid the privilege tax required by §
26-57-401
et seq.
Acts 1977, No. 283, §§ 1, 2; A.S.A. 1947, §§ 41-3201, 41-3202.