§ 5-65-304 — Seizure, suspension, and revocation of license - Temporary permits

(a) At the time of arrest for violating § 5-65-303 , the arresting law enforcement officer shall seize the underage person's motor vehicle operator's license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by § 5-65-402 . (b) (1) As provided by § 5-65-402 , the Office of Driver Services shall: (A) Suspend or revoke the driving privileges of the arrested underage person; and (B) Provide the arrested underage person the right to hearing and judicial review. (2) The office shall suspend or revoke the underage person's driving privilege for violating § 5-65-303 as follows: (A) Suspend the driving privilege for ninety (90) days for a first offense; (B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and (C) (i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage. (ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer. (c) Either of the following are considered a previous offense by the office under this section: (1) A conviction for violating § 5-65-103 or § 5-65-303 ; and (2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-103 or § 5-65-303 when the person was not subsequently acquitted of the criminal charge. (d) (1) (A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of administrative suspension under § 5-65-303 . (B) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place. (2) The fee under this subsection is not required when an administrative suspension order has been removed because: (A) The person has been found not guilty of the offense by a circuit court or district court; or (B) A de novo review of the administrative suspension order by the office resulted in the removal. (3) Forty percent (40%) of the revenues derived from the fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health. (4) The fee under this subsection is supplemental to and in addition to any fee imposed under § 5-65-119 , § 5-65-310 , § 27-16-508 , or § 27-16-808 .

Legislative History

Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No. 1992, § 2; 2007, No. 712, § 3.