Refusal to submit to a chemical test

1. Law
2. Arkansas Code
3. Criminal Offenses
4. Offenses Against Public Health, Safety, or Welfare
5. Driving or Boating While Intoxicated
6. Chemical Analysis of Body Substances
7. Refusal to submit to a chemical test

1. (a)

   1. (1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202:

      1. (A) A chemical test shall not be given;

      2. (B) The person's motor vehicle operator's license, permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and

      3. (C) The law enforcement officer shall immediately deliver to the person from whom the motor vehicle operator's license, permit, or other evidence of driving privilege was seized a temporary driving permit under § 5-65-402.

   2. (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.

2. (b)

   1. (1) The Office of Driver Services shall suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under this subchapter.

   2. (2)

      1. (A) A person who refuses to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath shall have his or her driving privileges:

         1. (i) Suspended for one hundred eighty (180) days for a first offense;

         2. (ii) Suspended for two (2) years for a second offense occurring within five (5) years of the first offense;

         3. (iii) Revoked for three (3) years for a third offense occurring within five (5) years of the first offense; and

         4. (iv) Revoked for his or her lifetime for a fourth offense occurring within five (5) years of the first offense.

      2. (B) The office may issue an ignition interlock restricted license under § 5-65-118 immediately, but only:

         1. (i) To a person who is arrested for a first offense under this section; and

         2. (ii) When the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.

      3. (C) The restricted driving permit provision of § 5-65-120 does not apply to a suspension for a first offense under this section.

3. (c) The office shall consider any of the following that occurred within the five (5) years immediately before the current offense a previous offense for the purposes of enhancing the administrative penalty under this section:

   1. (1) A conviction for an offense of refusing to submit to a chemical test; and

   2. (2) A suspension or revocation of driving privileges for an arrest for refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charge.

4. (d) The office shall deny the issuance of a license or permit to operate a motor vehicle to a person who is a resident and who violates this section but who does not have a license or permit to operate a motor vehicle, in addition to any other penalty under this section, for the following periods of time:

   1. (1) Six (6) months for a first offense; and

   2. (2) One (1) year for a second or subsequent offense.

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