2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 65 - Driving While Intoxicated
Subchapter 1 - General Provisions
§ 5-65-108 - No probation prior to adjudication of guilt.

5-65-108. No probation prior to adjudication of guilt.

(a) Section 16-93-301 et seq., allows a circuit court judge, district court judge, or city court judge to place on probation a first offender who pleads guilty or nolo contendere prior to an adjudication of guilt.

(b) Upon successful completion of the probation terms, the circuit court judge, district court judge, or city court judge is allowed to discharge the accused without a court adjudication of guilt and expunge the record.

(c) (1) No circuit court judge, district court judge, or city court judge may utilize the provisions of 16-93-301 et seq. in an instance in which the defendant is charged with violating 5-65-103.

(2) Notwithstanding the provisions of 5-4-301, 5-4-322, or subdivision (c)(1) of this section, in addition to the mandatory penalties required for a violation of 5-65-103, a circuit court judge, district court judge, or city court judge may utilize probationary supervision solely for the purpose of monitoring compliance with his or her orders and require an offender to pay a reasonable fee in an amount to be established by the circuit court judge, district court judge, or city court judge.