Ark. Code Ann. » Title 5 Chapter 65
Arkansas Code Annotated

Ark. Code Ann. § 5-65-303 (2026)

Driving or boating under the influence while underage

✓ current as of May 2026
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  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:
    1. 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.
  2. A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.
  3. An alcohol-related offense under this section is a strict liability offense.

History. Acts 1993, No. 863, § 3; 2001, No. 561, § 14; 2015, No. 299, § 13; 2015 (1st Ex. Sess.), No. 6, §§ 5, 6.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), No. 6, § 1, provided:

“Legislative intent.

“(a) It is the intent of the General Assembly with this act to address the Supreme Court's holding in Leeka v. State, 2015 Ark. 183 (2015), that the state must prove a culpable mental state in a prosecution for driving while intoxicated.

“(b) The General Assembly intends for this act to establish that the current offenses of driving while intoxicated and underage driving under the influence, as well as the offenses of driving or boating while intoxicated and driving or boating under the influence while underage that were created by Acts 2015, No. 299, § 6, be strict liability offenses, which are offenses that require no culpable mental state be proven.”

Publisher's Notes. Acts 2015 (1st Ex. Sess.), No. 6, § 6 specifically amended this section as amended by Acts 2015, No. 299.

Amendments. The 2001 amendment substituted “an alcohol concentration … persons breath or” for “one-fiftieth of one percent (0.02%) but less than one-tenth of one percent (0.10%) by weight of alcohol in the person's” in (b).

The 2015 amendment by No. 299 rewrote the section.

The 2015 (1st Ex. Sess.) amendment by No. 6 added (c).

Research References

ALR.

Validity, construction, and operation of school “zero tolerance” policies towards drugs, alcohol, or violence. 117 A.L.R.5th 459.

Validity, Construction, and Application of State “Zero Tolerance” Laws Relating to Underage Drinking and Driving. 34 A.L.R.6th 623.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.

Case Notes

Evidence.

Where defendant was driving erratically, the police officer detected an odor of alcoholic beverages in defendant's car, defendant failed at least one field sobriety test and tested at 0.07% blood/alcohol a little more than an hour after his arrest, and there was no opportunity for him to consume alcoholic beverages between time of arrest and time of testing, the total circumstances were enough to support a judgment of conviction for driving a car while under the influence of an alcoholic beverage. Drummond v. State, 320 Ark. 385, 897 S.W.2d 553 (1995).

Indictment or Information.

Municipal court erred and prejudiced defendant charged with driving while intoxicated (DWI) when it changed the charge to driving under the influence (DUI) on its own motion, because DUI is not a lesser-included offense of DWI and altering the charge violated § 5-65-107; and the circuit court erred in trying and convicting defendant of DUI following his appeal from the municipal court, a judgment it was not authorized to render under § 16-19-1105. McElhanon v. State, 329 Ark. 261, 948 S.W.2d 89 (1997), overruled in part, McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002).

Lesser-Included Offenses.

Driving under the influence (DUI) is not a lesser-included offense of driving while intoxicated, in that DUI requires an additional element of proof of the defendant's age and a different level of intoxication. McElhanon v. State, 329 Ark. 261, 948 S.W.2d 89 (1997), overruled in part, McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002).

Search and Seizure.

When defendant was arrested for suspicion of underage driving under the influence in violation of this section, the deputy's actions in transporting defendant to a nearby county outside his jurisdiction to administer a breathalyzer test were lawful under the Fourth Amendment because the test had to be given without delay due to the exigent circumstance of defendant's falling blood alcohol content and in accordance with Health Department regulations. Pickering v. State, 2012 Ark. 280, 412 S.W.3d 143 (2012).

Sentencing.

Jail sentence for violating this section was illegal on its face because the trial court lacked authority to impose it. Roberts v. State, 324 Ark. 68, 919 S.W.2d 192 (1996).

Cited: State v. Roberts, 321 Ark. 31, 900 S.W.2d 175 (1995).

Notes of Decisions
Cited in 6 cases, 1995–2017 · leading case: Roberts v. State, 919 S.W.2d 192 (Ark. 1996).
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Roberts v. State, 919 S.W.2d 192 (Ark. 1996). · cites it 8× “Appellant, Sandra Colleen Roberts, appeals the order of the Washington County Circuit Court finding her guilty of driving without a license, of violating Arkansas Code Annotated § 5-65-303 (Repl. 1993) of the “Underage Driving Under the Influence Law” codified at Arkansas Code…”
Lockhart v. State, 2017 Ark. 13 (Ark. 2017). · cites it 2× “Arkansas Code Annotated section 5-65-109 states, in relevant part, (a) The court shall immediately request and the Division of Behavioral Health Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo…”
McElhanon v. State, 948 S.W.2d 89 (Ark. 1997). · cites it 4× “1993), but was convicted of driving under the influence (“DUI”) in violation of Ark. Code Ann. § 5-65-303 (Repl. 1993). He appealed to circuit court where he was tried and convicted of DUI.”
Drummond v. State, 897 S.W.2d 553 (Ark. 1995). · cites it 4× “The legislation making underage DUI an offense was Act 863 of 1993 and is now codified at Ark. Code Ann. § 5-65-303 (Repl. 1993). Drummond raises three points on appeal, none of which has merit.”
State v. Roberts, 900 S.W.2d 175 (Ark. 1995). · cites it 2× “Ark. Code Ann. § 5-65-303 (Repl. 1993). Shirley Hudson was cited for driving while intoxicated, which is a misdemeanor unless it is the fourth or subsequent offense, in which case it is a felony.”
Felgate v. State, 974 S.W.2d 479 (Ark. Ct. App. 1998). · cites it 4× “Felgate points out that, at the time of his arrest, he was only twenty years old and could have been successfully prosecuted under Ark. Code Ann. § 5-65-303 (Repl. 1997) if he had registered only .”
— Ark. Code Ann. § 5-65-303(b) — 1 case
Roberts v. State, 919 S.W.2d 192 (Ark. 1996). “Appellant, Sandra Colleen Roberts, appeals the order of the Washington County Circuit Court finding her guilty of driving without a license, of violating Arkansas Code Annotated § 5-65-303 (Repl. 1993) of the “Underage Driving Under the Influence Law” codified at Arkansas Code…”
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