Ark. Code Ann. § 5-65-119 (2026)

1. 1. The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205.
   2. The fee under subdivision (a)(1) of this section shall be distributed as follows:
      1. Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health;
      2. Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter;
      3. Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and
      4. Fifty percent (50%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
   3. Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.
2. 1. 1. The fee under subsection (a) of this section shall be calculated by multiplying one hundred fifty dollars ($150) by each separate occurrence of an offense resulting in an administrative suspension order under § 5-65-103 or § 5-65-205 unless the administrative suspension order has been removed because:
         1. The person has been found not guilty of the offense by a circuit court or district court; or
         2. A de novo review of the administrative suspension order by the Office of Driver Services results in the removal.
      2. The fee under subsection (a) of this section is supplemental to and in addition to any fee imposed under § 5-65-304, § 5-65-310, § 27-16-508, or § 27-16-808.
   2. As used in this subsection, “occurrence” means each separate calendar date when an offense or offenses take place.

History. Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No. 1001, § 1; 2005, No. 1992, § 1; 2013, No. 361, § 3; 2015, No. 299, § 6; 2019, No. 803, § 1.

A.C.R.C. Notes. Acts 1995, No. 802, § 5, provided, in part, that this section, “regarding the charging of the reinstatement fee for the driver licenses suspended for driving while intoxicated offenses shall be effective on July 1, 1995.”

Amendments. The 2001 amendment inserted “of the Revenue Division of the Department of Finance and Administration” in the introductory language and deleted it following “Office of Driver Services” in (2); in the introductory language, substituted “an alcohol concentration of eight-hundredths (0.08) or more in the person's breath or” for “one-tenth of one percent (0.1%) or more by weight of alcohol in the person's” and inserted “or breath”; and substituted “Office of Alcohol Testing of the Department of Health” for “Department of Health's Blood Alcohol Program” in (1).

The 2003 amendment, in the introductory paragraph, substituted “one hundred fifty dollars ($150)” for “seventy-five dollars ($75.00)”; substituted “Seven percent (7%)” for “Fourteen percent (14%)” in (1); substituted “Thirty-three percent (33%)” for “Sixty-six percent (66%)” in (2); substituted “Ten percent (10%)” for “Twenty percent (20%)” in (3); and added (4) and made related changes.

The 2013 amendment, in (a), inserted “saliva” following “blood, breath” and “concentration” preceding “or controlled substance”.

The 2015 amendment rewrote and redesignated former (a) as (a)(1) and the introductory language of (a)(2); redesignated former (a)(1) through (a)(4) as (a)(2)(A) through (a)(2)(D); substituted “The fee under subsection (a) of this section” for “The reinstatement fee” in (b)(1)(A); and inserted “subsection (a) of” in (b)(1)(B).

The 2019 amendment added (a)(3).