2016 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 3 - -- Underage Driving or Boating Under the Influence Law
§ 5-65-307. Alcohol and driving education program

(a) (1) (A) A person who has his or her driving privileges suspended, revoked, or denied for violating § 3-3-203, § 5-65-310, or § 5-65-303 is required to complete an alcohol and driving education program for underage drivers as prescribed and approved by the Division of Behavioral Health Services or an alcoholism treatment program licensed by the division, or both, in addition to any other penalty provided in this chapter.

(B) A person who subsequently violates § 3-3-203 or § 5-65-303 while his or her driving privileges are suspended or revoked for violating § 3-3-203 or § 5-65-303 is also required to complete an approved alcohol and driving education program or alcoholism treatment program for each additional violation.

(2) The division shall approve only those programs in alcohol and driving education that are targeted at the underage driving group and are intended to intervene and prevent repeat occurrences of driving under the influence or driving while intoxicated.

(3) (A) (i) The alcohol and driving education program may collect a program fee of up to one hundred twenty-five dollars ($125) per enrollee to offset program costs.

(ii) A person ordered to complete an alcohol and driving education program or an alcoholism treatment program under this section may be required to pay a fee of up to twenty-five dollars ($25.00) to offset the additional costs associated with reporting requirements under this subchapter in addition to the costs collected for the program.

(B) An approved alcohol and driving education program shall report monthly to the division all revenue derived from these fees.

(b) The person shall furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section prior to reinstatement of his or her driving privilege.

(c) The division may promulgate rules reasonably necessary to carry out the purposes of this section regarding the approval and monitoring of the alcohol and driving education programs.

(d) (1) (A) A person whose driving privilege is suspended or revoked for violating § 5-65-303 or § 5-65-310 shall:

(i) Both:

(a) Furnish proof of attendance at and completion of the alcohol and driving education program or alcoholism treatment program required under subdivision (a)(1) of this section and at a victim impact panel as provided in § 5-65-121 before reinstatement of his or her suspended or revoked driving privilege; and

(b) Pay any fee for reinstatement required under § 5-65-119, § 5-65-304, or § 5-65-121; or

(ii) Furnish proof of dismissal or acquittal of the charge on which the suspension or revocation is based.

(B) An application for reinstatement shall be made to the Office of Driver Services.

(2) Even if a person has filed a de novo petition for review under § 5-65-402, the person is entitled to reinstatement of driving privileges upon complying with this subsection and is not required to postpone reinstatement until the disposition of the de novo review in circuit court has occurred.

(3) (A) A person whose driving privilege is suspended under this subchapter may enroll in an alcohol education program prior to disposition of the offense by the circuit court or district court but is not entitled to a refund of fees paid if the charges are dismissed or if the person is acquitted of the charges.

(B) A person who enrolls in an alcohol education program is not entitled to any refund of fees paid if the person is subsequently acquitted.

(e) An alcohol and driving education program required by this section shall remit the fees imposed under this section to the division.