DUI/DWI Administrative Hearing
Administrative Hearing Information
The hearing shall be before the Office of Driver Services or its authorized agent, in the Office of the Revenue Division of the Department of Finance and Administration nearest the county wherein the alleged events occurred for which the person was arrested. The Office of Driver Services or its authorized agent and the arrested person may agree to the hearing being held in some other county. The Office of Driver Services or its authorized agent may schedule the hearing or any part thereof by telephone and conduct the hearing by telephone conference call. The hearing shall not be recorded.
The scope of the hearing shall cover the issues of whether;
- The officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight-hundredths of one percent (0.08%) for DUI/BUI offenses, four-hundredths of one percent (0.04%) for CDL offenses, or two-hundredths of one percent (0.02% through 0.07%) for Underage DUI/BUI offenses, or more by weight of alcohol in the person's breath or blood; or
- The person refused to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath and whether the person was placed under arrest.
If the revocation, suspension, disqualification or denial is based upon a chemical test result indicating that the person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether:
- The person was advised that his or her privilege to drive would be revoked, suspended, disqualified or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances;
- The breath, blood, saliva or urine specimen, was obtained from the person within the established and certified criteria of the Department of Health;
- The chemical testing procedures used was in accordance with existing rules; and
- The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration of other intoxicating substance.
If the revocation, suspension, disqualification or denial is based upon the refusal of the person to submit to a chemical test as provided in Ark. Code Ann. § 5-65-205, § 5-65-310 or § 27-23-114(a)(5), reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:
- The person refused to submit to the chemical test; and
- The person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the person refused to submit to the chemical tests.
At the hearing, the burden of proof shall be on the state and the decision shall be based on a preponderance of the evidence.
Vehicle Registration Hearing Information
If your driving privilege is suspended, disqualified or revoked for a second or subsequent alcohol or drug offense within the past five (5) years, the registration of all motor vehicles owned or co-owned by you will be suspended for a time equal to the suspension of your driving privilege, or one year, whichever is longer, but shall not exceed five (5) years. You have the right to an administrative hearing concerning the suspension of your vehicle registration within twenty (20) days; the hearing request must be made within seven (7) calendar days of notice being given.
The scope of the hearing regarding the registration suspension will be limited to:
- Determining if your driving privileges had been suspended, revoked, or disqualified for a similar offense in the five (5) years prior to the current offense, and
- Determining if any motor vehicle is registered in your name as either owner or co-owner.
A family member or co-owner may be granted a restricted registration if the person is completely dependent on the motor vehicle for necessities of life.
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