(a) No person shall:
(1) Consume an intoxicating beverage, regardless of its alcoholic content, or be under the influence of an intoxicating beverage, within four (4) hours before going on duty or operating, or having physical control of, a commercial motor vehicle;
(2) Consume an intoxicating beverage regardless of its alcohol content, be under the influence of an intoxicating beverage, or have any measured alcohol concentration or any detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
(3) Be on duty or operate a commercial motor vehicle while the driver possesses an intoxicating beverage, regardless of its alcohol content. However, this subdivision (a)(3) does not apply to possession of an intoxicating beverage which is manifested and transported as part of a shipment.
(b)
(1) Any driver who is found to be in violation of the provisions of subsection (a) of this section shall be placed out-of-service immediately for a period of twenty-four (24) hours.
(2) The twenty-four-hour out-of-service period will commence upon issuance of an out-of-service order.
(3) No driver shall violate the terms of an out-of-service order issued under this section.
(c) A driver convicted of violating an out-of-service order is subject to disqualification under § 27-23-112, in addition to a civil penalty of:
(1) Not less than two thousand five hundred dollars ($2,500) for a first conviction; and
(2) Not less than five thousand dollars ($5,000) for a second or subsequent conviction.
Structure Arkansas Code
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 23 - Commercial Driver License
Subchapter 1 - Arkansas Uniform Commercial Driver License Act
§ 27-23-102. Statement of intent and purpose
§ 27-23-104. Limitation on number of driver licenses
§ 27-23-105. Notification required by driver
§ 27-23-106. Employer responsibilities
§ 27-23-107. Commercial driver license required
§ 27-23-108. Commercial driver license qualification standards — Definitions
§ 27-23-110. Application for commercial driver license
§ 27-23-111. Content of Commercial Driver License — Classifications — Expiration and renewal
§ 27-23-112. Disqualification and cancellation
§ 27-23-113. Commercial drivers prohibited from operating with any alcohol in system
§ 27-23-114. Commercial motor vehicle driving offenses and penalties — Definitions
§ 27-23-115. Implied consent requirements for commercial motor vehicle drivers
§ 27-23-116. Notification of traffic convictions
§ 27-23-117. Driving record information to be furnished
§ 27-23-118. Distribution of fees
§ 27-23-119. Exemption regulations
§ 27-23-120. Rulemaking authority
§ 27-23-121. Authority to enter agreement
§ 27-23-124. Commercial Driver License Fund
§ 27-23-125. Suspension of commercial driver license for delinquent child support
§ 27-23-126. Notification of out-of-service order
§ 27-23-127. Disqualification of noncommercial driver license holder
§ 27-23-128. Deferment of sentence — Restrictions