Public-domain · open source
OpenJurist

Ark. Code Ann. § 5-65-120

Restricted driving permit

Known as the Omnibus DWI or BWI Act

The act spans §§ 5-65-101 to 5-65-403 (44 sections).

Applied in 1 court decision — leading case Miller v. Arkansas Department of Finance & Administration (2012)

Most recently applied in Miller v. Arkansas Department of Finance & Administration (April 2012)

Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2; 2015, No. 299, § 6.

(1) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: The denial or suspension results in a case of extreme and unusual hardship; and

(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that: The person: Is not a multiple traffic law offender; or

(3) Does not present a threat to the general public; and

(4) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations: To and from the person's place of employment;

(5) In the course of the person's employment;

(6) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;

(7) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or

(8) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(9) The issuance of a restricted driving permit under this section is solely within the discretion of the office.

(10) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.

(11) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-65-310, a second or subsequent time within five (5) years of the first offense.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.