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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Arkansas Drugged Driving

In Arkansas, a person is guilty of a DUI if they are intoxicated and operate a motor vehicle. Ark. Code. Ann. § 5-65-103(a) (West 2010). "Intoxication" includes being influenced by the ingestion of a controlled substance to such a degree that the driver's reactions, motor skills, and judgment are substantially altered. Id. § 5-65-102(b)(2).

Affirmative Defense

The fact that a person is or has been entitled to use a drug or controlled substance under the laws of this state does not constitute a defense. Id. § 5-65-102(B).

Implied Consent

  • Any person who operates a motor vehicle in the state of Arkansas is deemed to have given consent to one or more chemical tests of his or her breath or blood. Id. § 5-65-202.

  • If a person under arrest refuses to submit to a chemical test, no chemical test shall be given, and the person's driver's license shall be seized by the officer and suspended for 180 days. Id. §§ 5-65-205(a)-(b).

  • Under implied consent statute, defendant has no right to consult with an attorney before taking, or refusing to take, test. Wright v. State, 703 S.W.2d 850 (1986).

  • If the person tested requests that additional chemical test or chemical tests be made the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests. Id. § 5-65-203(2).

  • Refusal to be tested for blood-alcohol content is admissible evidence on the issue of intoxication and may imply defendant's consciousness of guilt. Blair v. State, 288 S.W.3d 713 (2008).

Penalties

  • First offense - jail time of 24 hours up to a maximum of 1-year (potential public service in lieu of jail time); fine of $150 with a maximum fine of $1,000; license suspension for 120 days. Ark. Code. Ann. § 5-65-111(a)(1)(A)-(B) (West 2010); Id. §5-65-112(1).

  • Second offense - minimum of 7 days in jail, up to 1-year (potential 30 days of community service in lieu of jail time); fine of $400 to $3,000 dollars; license suspension for 24 months. Id. § 5-65-111(b)(1)(A); Id. §5-65-112(2).

  • Third offense (w/i 5 years) - minimum of 90 days in jail, up to a maximum of 1-year (the court may order a minimum of 90 days of community service in lieu of jail time); fine of $900 up to $5,000; license suspension for 30 months. Id. § 5-65-111(b)(2)(A); Id. §5-65-112(3).

  • Fourth offense (w/i 5 years) felony – incarceration of a minimum of 1-year up to a maximum of 6 years (possible minimum of 1-year of community service in lieu of jail); fine of $900 to $5,000; license revocation for 4 years; state may also order the defendant's vehicle to be seized. Id. § 5-65-111(b)(3)(A); Id. §5-65-112(3).

  • Fifth or subsequent offense (w/i 5 years) felony imprisonment for at least two years but no more than ten years (possible community service in lieu of imprisonment); fine of $900 to $5,000. Id. § 5-65-111(b)(4)(A)(i); Id. §5-65-112(3).

Other Penalties & Penalty Enhancers

  • DUI with a passenger under 16 is in the vehicle (unless within 2 years of the driver's age) enhances penalty. Id. § 5-65-111 (a)(2)(A).

  • Multiple offences can lead to vehicle forfeiture and sale. Id. § 5-65-117.

Sobriety Checkpoints

Sobriety Checkpoints are permissible in Arkansas under both state and federal Constitutions.

  • Sobriety checkpoints are proper under Fourth Amendment if they maintain proper balance between gravity of public concern; decree to which public interest is advanced; and severity of interference with individual liberty. Brouhard v. Lee, 125 F.3d 656(C.A.8 (Ark.),1997).

  • Law enforcement officer had "reasonable suspicion" to support investigatory stop of motorist who pulled into driveway and drove in opposite direction in order to avoid police roadblock. Coffman v. State, 759 S.W.2d 573(1988).

Case Law

Blair v. State, 288 S.W.3d 713 (2008) -- Refusal to be tested for blood-alcohol content is admissible evidence on the issue of intoxication and may imply defendant's consciousness of guilt.

Hill v. State, 868 S.W.2d 44 (1993) -- Driving while intoxicated can be committed on private property.

Arkansas Penalties

Possession (More than 1 oz see Sale)

 

Incarceration

Fine

1 oz or less

misdemeanor

1 year

$1,000

1 oz or less (2nd conviction)

felony

6 years

$10,000

1 oz or less (3rd conviction)

felony

3 to 10 years

$10,000

Sale or Cultivation

1oz to 10 lbs

felony

4 - 10 years

$25,000

10 lbs to 100 lbs

felony

5 - 20 years

$15,000 - $50,000

100 lbs or more

felony

6 - 30 years

$15,000 - $100,000

Within 1000 feet of school, park and other community centers

felony

Add 10 years

none

Second conviction can double penalty.
Sale to minor at least 3 years younger than the seller can double penalty.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Simple paraphernalia

misdemeanor

1 year

$1000

Paraphernalia possession with felony violation

felony

3 - 10 years

$10,000

Any conviction causes driver's license suspension for 6 months.
Any conviction causes commercial driver's license suspension for 1 year.

 

Details

 

The penalty for possession of one ounce or less of marijuana is a misdemeanor and is punishable by up to one year in prison and a fine of up to $1,000. The court may defer the proceedings and grant probation for no less than one year. Upon granting probation, the court may require drug treatment. If the terms of the probation are fulfilled, the court can discharge and dismiss the proceedings.

There is a rebuttable presumption that any possession greater than one ounce is possession for sale.

Possession for sale or cultivation of marijuana is a felony. For amounts greater than one ounce the punishment is 4 - 10 years in prison and a fine of up to $25,000. For amounts of ten pounds or more the sentence can range from 5 - 20 years in prison and a fine of $15,000 - $50,000. For any amounts of 100 pounds or more the punishment is 6 -10 years in prison and a fine of $15,000 - $100,000.

Second convictions of possession, sale, delivery or cultivation can result in sentences up to twice that allowed for first offenses.

Any sale to a minor at least three years younger than the seller can double the above penalties.

Any sale within 1000 feet of a school, public park, community or recreation center, public housing, day care center, church, skating rink or video arcade increases the penalty for the offense by 10 years.

Minors convicted of any drug offense are subject to a driver's license suspension of six months.

Possession or use of drug paraphernalia in furtherance of a felony violation is punishable by 3 - 10 years in prison and a fine of up to $10,000.



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