§ 5-64-710 — Denial of driving privileges for minor - Restricted permit

(a) (1) As used in this section "drug offense" means the: (A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or (B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter. (2) As used in subdivision (a)(1) of this section: (A) (i) "Motor vehicle" means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) "Motor vehicle" includes any: (a) "Motorcycle", "motor-driven cycle", or "motorized bicycle", as defined in § 27-20-101 ; and (b) "Commercial motor vehicle", as defined in § 27-23-103 ; and (B) "Substance the possession of which is prohibited under this chapter" or "substance" means a "controlled substance" or "counterfeit substance", as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802 . (b) (1) (A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eighteen (18) years of age. (B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section to the department within twenty-four (24) hours after the plea or finding. (C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(A) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration. (D) An arrangement or agreement under subdivision (b)(1)(C) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state. (2) For any person holding driving privileges issued by the State of Arkansas, a court within this state in a case of extreme and unusual hardship may provide in an order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school. (c) (1) Except as provided in subdivision (c)(2) of this section, a penalty prescribed in this section and § 27-16-914 is in addition to any other penalty prescribed by law for an offense covered by this section and § 27-16-914 . (2) A juvenile adjudicated delinquent is subject to a juvenile disposition provided in § 9-27-330 . (d) In regard to any offense involving illegal possession under this section, it is a defense if the controlled substance is the property of an adult who owns the motor vehicle. (e) If a juvenile is found delinquent for any offense described in subsection (a) or subsection (b) of this section, the circuit court may order any juvenile disposition available under § 9-27-330 .

Legislative History

Amended by Act 2015, No. 299,§ 5, eff. 7/22/2015. Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 1; 2005, No. 1876, § 1; 2005, No. 1994, § 314.