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 5-65-115 - Alcohol treatment or education program - Fee

(a)
(1)
(A)
A person whose driving privileges are suspended or revoked for violating §
5-65-103
, §
5-65-303
, §
5-65-310
, or §
3-3-203
is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program licensed by the division.
(B)
The Department of Human Services shall coordinate with the Department of Corrections to license Department of Corrections employees or contractors to provide the alcohol education or alcohol treatment program required under subdivision (a)(1)(A) of this section to inmates.
(2)
(A)
The alcohol education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.
(B)
(i)
A person ordered to complete an alcohol education program under this section may be required to pay, in addition to the costs collected for education or treatment, a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter.
(ii)
The alcohol education program shall report monthly to the division all revenue derived from this fee.
(b)
(1)
A person whose driving privilege is suspended or revoked for violating §
5-65-103
shall:
(A)
Both:
(i)
Furnish proof of attendance at and completion of the alcoholism treatment program or alcohol education program required under §
5-65-104(b)(1)
before reinstatement of his or her suspended or revoked driving privilege; and
(ii)
Pay any fee for reinstatement required under §
5-65-119
or §
5-65-304
; or
(B)
Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.
(2)
An application for reinstatement shall be made to the Office of Driver Services.
(c)
Even if a person has filed a de novo petition for review under §
5-65-402
, he or she is entitled to reinstatement of driving privileges upon complying with this section and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.
(d)
(1)
A person whose driving privilege has been suspended or revoked under this chapter may enroll in an alcohol education program prior to disposition of the case by the circuit court or district court.
(2)
However, the person is not entitled to a refund of a fee paid if the charges are dismissed or if the person is acquitted.
(e)
An alcohol education program or alcoholism treatment program operating under this chapter shall remit the fees imposed under this section to the division.
Amended by Act 2023, No. 659,§ 47, eff. 1/1/2024.
Amended by Act 2017, No. 913,§ 20, eff. 8/1/2017.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 1107,§ 5, eff. 8/16/2013.
Amended by Act 2013, No. 1107,§ 4, eff. 8/16/2013.
Acts 1983, No. 549, § 7; 1985, No. 108, § 1; A.S.A. 1947, § 75-2507; Acts 1991, No. 486, § 1; 1995, No. 172, § 1; 1995, No. 263, § 1; 1995, No. 1032, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 13; 2003, No. 1462, § 2; 2005, No. 1768, § 3; 2007, No. 251, § 2; 2007, No. 827, § 78; 2009, No. 748, § 28.