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 5-65-208 - Motor vehicle and motorboat accidents - Testing required

(a)
When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the driver's or operator's breath, saliva, or urine shall be administered to the driver or operator, even if he or she is fatally injured, to determine the presence of and percentage of alcohol concentration or the presence of a controlled substance, or both, in the driver's or operator's body.
(b)
(1)
A chemical test under this section shall be ordered as soon as practicable by one (1) of the following persons or agencies:
(A)
The law enforcement agency investigating the accident;
(B)
The physician in attendance; or
(C)
Other person designated by state law.
(2)
(A)
The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Division of Arkansas State Police, and the division shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database.
(B)
The information in the database shall reflect the number of fatal motor vehicle accidents in which:
(i)
Alcohol was found to be a factor, including the percentage of alcohol concentration involved;
(ii)
Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and
(iii)
Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.
(c)
The result of a chemical test required by this section shall be reported to the division and may be used by state and local officials for:
(1)
Statistical purposes that do not reveal the identity of the deceased person; or
(2)
Any law enforcement purpose, including prosecution for the violation of any law.
(d)
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,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 654,§ 3, eff. 7/24/2019.
Amended by Act 2017, No. 1031,§ 5, eff. 8/1/2017.
Amended by Act 2015, No. 299,§ 12, eff. 7/22/2015.
Amended by Act 2013, No. 361,§ 9, eff. 8/16/2013.
Acts 1995, No. 711, § 2; 1995, No. 1105, § 2; 2003, No. 950, § 1; 2009, No. 423, § 1; 2011, No. 1120, § 13.