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2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 2 - Chemical Analysis of Body Substances
§ 5-65-208. Motor vehicle and motorboat accidents -- Testing required

Universal Citation: AR Code § 5-65-208 (2018)
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  • (a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life or when there is reason to believe death may result, a chemical test of the driver's or operator's breath, saliva, or urine shall be administered to the driver or operator, even if he or she is fatally injured, to determine the presence of and percentage of alcohol concentration or the presence of a controlled substance, or both, in the driver's or operator's body.

  • (b) (1) A chemical test under this section shall be ordered as soon as practicable by one (1) of the following persons or agencies:

    • (A) The law enforcement agency investigating the accident;

    • (B) The physician in attendance; or

    • (C) Other person designated by state law.

      • (2)

        • (A) The person who conducts the chemical test of the driver's or operator's breath, saliva, or urine under this section shall forward the results of the chemical test to the Department of Arkansas State Police, and the department shall establish and maintain the results of the chemical tests required by subsection (a) of this section in a database.

        • (B) The information in the database shall reflect the number of fatal motor vehicle accidents in which:

          • (i) Alcohol was found to be a factor, including the percentage of alcohol concentration involved;

          • (ii) Controlled substances were found to be a factor, including a list of the controlled substances found, the specific class of the controlled substance, and the amount; and

          • (iii) Both alcohol and a controlled substance were found to be factors, including the percentage of alcohol concentration involved, as well as a list of the controlled substances found and the amount.

  • (c) The result of a chemical test required by this section shall be reported to the department and may be used by state and local officials for:

    • (1) Statistical purposes that do not reveal the identity of the deceased person; or

    • (2) Any law enforcement purpose, including prosecution for the violation of any law.

  • (d) A test of a person's blood under this section to determine the person's alcohol concentration, controlled substance content, or other intoxicating substance content in his or her blood requires a warrant based on probable cause that the person was operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated.

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