Section 27-23-114 - Commercial motor vehicle driving offenses and penalties - Definitions(a)(1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.(2) It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206, that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less.(3) It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her vehicle at the scene of the accident and render the same aid and give the same information as required by § 27-53-103.(4) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to use a commercial motor vehicle in the commission of a felony.(5) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to refuse to submit to a chemical test to determine the person's blood alcohol concentration while driving a commercial motor vehicle. A person driving a commercial motor vehicle requested to submit to such a chemical test shall be warned by the law enforcement officer that a refusal to submit to the test will result in that person's being disqualified from driving a commercial motor vehicle.(b) Any person convicted of a violation of driving a commercial motor vehicle while intoxicated, driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more, leaving the scene of an accident involving a commercial motor vehicle driven by the person, or using a commercial motor vehicle in the commission of any felony shall be deemed guilty of a Class B misdemeanor and shall be disqualified from driving a commercial motor vehicle as specified in § 27-23-112.(c)(1) A law enforcement officer having reasonable cause to believe the person to have been driving a commercial motor vehicle while intoxicated or driving a commercial motor vehicle while the person's blood alcohol concentration was four-hundredths of one percent (0.04%) or more shall have the authority to administer or have administered a chemical test to determine the person's blood alcohol concentration. The chemical test authorized shall be identical to and under the same standards of the test given to persons under the Omnibus DWI or BWI Act, § 5-65-101 et seq.(2)(A) At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402, and the Office of Driver Services shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402.(B) The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402.(d)(1) Every magistrate or judge of a court shall keep a record of every violation of this section presented to the court and shall keep a record of every official action taken by the court.(2) Within five (5) days after a person has been found guilty, or pleaded guilty or nolo contendere on a charge of violating any provision of this section, every magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract, which shall be certified as true and correct, of the record of the court covering the case where a person was found guilty, or pleaded guilty or nolo contendere.(3) The abstract shall be made on a form furnished by the Office of Driver Services and shall include all items that the Office of Driver Services shall determine as necessary.(e) Any violation of the offenses found in subsection (a) of this section and the penalties and suspensions imposed for those violations shall be cumulative and in addition to the penalties and suspensions for any other offense or violation under a similar Arkansas motor vehicle traffic or criminal law.(f) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303, the court shall order an assessment of the driver's degree of repeated alcohol abuse and shall order treatment for alcohol abuse as a condition of sentencing if appropriate.(g) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303, the court may order the driver to perform no less than thirty (30) days of community service in lieu of imprisonment for a second offense or no less than sixty (60) days of community service in lieu of imprisonment for a third or subsequent offense.(h)(1)(A) It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.(B) It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.(C) It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license.(2)(A) A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both.(B) Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund.Amended by Act 2017, No. 463,§ 4, eff. 8/1/2017.Amended by Act 2015, No. 299,§ 35, eff. 7/22/2015.Acts 1989, No. 241, § 14; 1991, No. 643, § 2; 1999, No. 1077, §§ 5-7; 2003, No. 217, § 3; 2005, No. 76, § 2; 2005, No. 942, § 2.