§ 27-16-915 — Suspension for conviction of controlled substances offense - Definitions

(a) As used in this section: (1) "Drug offense" has the meaning as provided in § 5-64-710 ; and (2) "Specialty court" means one (1) of the following: (A) A pre-adjudication program under § 5-4-901 et seq.; (B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (C) A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or (D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as: (i) A DWI court; (ii) A mental health court; (iii) A veteran's court; (iv) A juvenile drug court; (v) A "HOPE" court; or (vi) A "smarter sentencing" court. (b) (1) (A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term "commercial motor vehicle" is defined in § 27-23-103 , or as similarly defined by the laws of any other state, for a period of one (1) year. (B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the: (i) Plea of guilty or nolo contendere; (ii) Finding of guilt; or (iii) Acceptance and enrollment in a specialty court. (C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration. (D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state. (2) (A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from: (i) A mandatory court appearance; (ii) A mandatory random drug-testing appearance; (iii) A place of employment or as required in the scope of employment; (iv) A scheduled session or meeting of a support or counseling organization; (v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution; (vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances; (vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or (viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program. (B) (i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order. (ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court. (C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to: (i) A revocation in the State of Arkansas or another state; (ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit; (iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or (iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq. (D) The court shall not issue a restricted permit to operate a commercial motor vehicle. (c) Upon receipt of an order of denial of driving privileges under this section, the department shall: (1) Suspend the driver's license of the person for six (6) months; (2) In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or (3) If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license. (d) Upon receipt of an order of denial of driving privileges under this section, which order concerns a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., the department, in addition to any actions taken pursuant to subsection (c) of this section, shall: (1) Suspend the commercial driver's license of the person for one (1) year; (2) In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or (3) If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license. (e) Nothing contained in subsection (d) of this section shall require the issuance or reissuance of any commercial driver's license to any person following any suspension who is otherwise ineligible pursuant to other laws of this state to obtain such issuance or reissuance. (f) Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for the offenses covered by this section.

Legislative History

Amended by Act 2019, No. 704,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4670, eff. 7/1/2019. Amended by Act 2015, No. 1246,§ 1, eff. 7/22/2015. Acts 1991, No. 1109, §§ 1-3; 1993, No. 1257, § 4.