§ 5-65-204 — Validity - Approved methods

Arkansas § 5-65-204

• Jurisdiction: Arkansas
• Title: 5

Text

(a) (1) As used in this chapter, § 5-10-105 , and § 5-75-101 et seq., "alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of urine, saliva, or other bodily substance is based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration. (b) (1) (A) A chemical test made to determine the presence and amount of alcohol in a person's blood, urine, saliva, or breath to be considered valid under this chapter shall be performed according to a method approved by the Department of Health and State Board of Health or by an individual possessing a valid certificate issued by the department for this purpose. (B) The department may: (i) Approve satisfactory techniques or methods for the chemical test; (ii) Ascertain the qualifications and competence of an individual to conduct the chemical test; and (iii) Issue a certificate that is subject to termination or revocation at the discretion of the department. (C) (i) An auxiliary law enforcement officer appointed as a reserve law enforcement officer and certified by the department in the operation of an instrument used to determine the alcohol content of the breath may operate an instrument used to determine the alcohol content of the breath under this chapter. (ii) The department shall promulgate rules to implement subdivision (b)(1)(C)(i) of this section. (2) However, a method of chemical analysis of a person's blood, urine, saliva, or other bodily substance made by the State Crime Laboratory for determining the presence of one (1) or more controlled substances or any intoxicant is exempt from approval by the department or the board. (c) (1) Blood may be drawn by a person who is licensed, certified, or otherwise authorized by law to perform venous blood draws when a person consents to the procedure or when a warrant or court order has been issued to take a sample of the person's blood. (2) When a blood sample is taken at the request of a law enforcement officer based on exigent circumstances, the blood may only be drawn by a physician or a licensed nurse. (3) The limitations under subdivisions (c)(1) and (2) of this section do not apply to the taking of a breath, saliva, or urine specimen. (d) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (d)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test. (3) The refusal or failure of a law enforcement officer to advise a person of the right provided in subdivision (d)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (d)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer. (e) Upon the request of the person who submits to a chemical test at the request of a law enforcement officer or because a warrant has been issued to take a sample of the person's blood, full information concerning the chemical test shall be made available to the person or to his or her attorney. (f) (1) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw and any institution or entity employing or using the services of the person is not liable for violating a criminal law of this state in connection with withdrawing blood at the request of a law enforcement officer under this chapter. (2) A person who is licensed, certified, or otherwise authorized by law to perform a venous blood draw, and any institution or entity employing or using the services of the person is immune from civil and regulatory liability in connection with withdrawing blood at the request of a law enforcement officer under this chapter, unless the person is negligent in connection with the withdrawal of the blood. (3) The immunity granted under this subsection is not conditioned upon the existence of express consent, probable cause, a search warrant, or a court order.

Legislative History

Amended by Act 2023, No. 174,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 990,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 1031,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 1031,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 361,§ 6, eff. 8/16/2013. Acts 1969, No. 106, §§ 1, 2; 1971, No. 55, § 1; 1971, No. 306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549, § 11; 1985, No. 169, § 1; A.S.A. 1947, §§ 75-1045, 75-1046; Acts 1989, No. 361, § 1; 2001, No. 561, §§ 9, 10; 2005, No. 886, § 1; 2011, No. 1240, § 1.