Ark. Code Ann. § 5-65-303

Driving or boating under the influence while underage

Known as the Omnibus DWI or BWI Act

The act spans §§ 5–5 (44 sections).

Applied in 4 court decisions — leading case McElhanon v. State (1997)

Most recently applied in Felgate v. State (September 1998)

Acts 1993, No. 863, § 3; 2001, No. 561, § 14; 2015, No. 299, § 13; 2015 (1st Ex

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while: Under the influence of an alcoholic beverage or similar intoxicant; or

(2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.

(3) A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.

(4) An alcohol-related offense under this section is a strict liability 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.