(1) When a law enforcement officer arrests a person for operating a motor vehicle while that person's driving privilege has been suspended or revoked under the laws of any state due to the person's having previously been found guilty or having pleaded guilty or nolo contendere to violating § 5-65-103 and if the motor vehicle operated by the person is owned in whole or part by the person, the motor vehicle license plate shall be impounded by the law enforcement officer for no less than ninety (90) days.
(2) If the court determines it is in the best interest of the dependents of the person, the court shall instruct the Secretary of the Department of Finance and Administration to issue a temporary substitute motor vehicle license plate for the motor vehicle, and the temporary substitute motor vehicle license plate shall indicate that the original motor vehicle license plate has been impounded.