Ark. Code § 5-65-120

Current with legislation from 2024 Fiscal and Special Sessions.

Section 5-65-120 - Restricted driving permit

(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:

(1) The denial or suspension results in a case of extreme and unusual hardship; and

(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:

(A) The person:

(i) Is not a multiple traffic law offender; or

(ii) Does not present a threat to the general public; and

(B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:

(i) To and from the person's place of employment;

(ii) In the course of the person's employment;

(iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;

(iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or

(v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.

(b) The issuance of a restricted driving permit under this section is solely within the discretion of the office.

(c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.

(d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-65-310, a second or subsequent time within five (5) years of the first offense.

Ark. Code § 5-65-120

Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.

Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999, No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No. 1293, § 2.