(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103.
(b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this section, a circuit court judge or district court judge may:
(1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103, solely for the purpose of monitoring compliance with his or her orders; and
(2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.
Structure Arkansas Code
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 1 - General Provisions
§ 5-65-103. Driving or boating while intoxicated
§ 5-65-105. Operation of motor vehicle during period of license suspension or revocation
§ 5-65-106. Impoundment of license plate
§ 5-65-107. Persons arrested to be tried on charges — No charges reduced — Filing citations
§ 5-65-108. No probation prior to adjudication of guilt
§ 5-65-109. Presentencing report
§ 5-65-110. Record of violations and court actions — Abstract
§ 5-65-111. Sentencing — Periods of incarceration — Exception
§ 5-65-114. Inability to pay — Alternative public service work
§ 5-65-115. Alcohol treatment or education program — Fee
§ 5-65-117. Seizure and sale of a motor vehicle or motorboat
§ 5-65-118. Additional penalties — Ignition interlock devices
§ 5-65-119. Distribution of fee
§ 5-65-120. Restricted driving permit
§ 5-65-121. Victim impact panel attendance — Fee
§ 5-65-123. Offenses involving a motor vehicle equipped with an ignition interlock device