Arkansas 2025 Regular Session

Arkansas House Bill HB1875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 841 of the Regular Session
3		-	CEB036 04-02-2025 09:54:30 CEB036
4		-
5		-	State of Arkansas As Engrossed: H4/2/25 1
	2	+	CEB036 03/20/2025 9:33:09 AM CEB036
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1875 3
8	6		4
9	7		By: Representatives Tosh, Barnes, Beaty Jr., Beck, Bentley, Breaux, R. Burkes, Joey Carr, Crawford, 5
10	8		Duffield, Eaves, Gazaway, Henley, Holcomb, Hollowell, Jean, Ladyman, Lundstrum, Maddox, 6
11	9		McAlindon, M. McElroy, McGruder, Milligan, J. Moore, Pearce, Perry, Puryear, Rye, Schulz, Walker, 7
12	10		Wooten 8
13	11		By: Senator Crowell 9
14	12		10
15	13		For An Act To Be Entitled 11
16	14		AN ACT TO AMEND THE LAW CONCERNING THE USE OF AN 12
17	15		IGNITION INTERLOCK DEVICE; TO PROVIDE FOR THE 13
18	16		EXTENSION OF THE MANDATORY PERIOD FOR THE USE OF AN 14
19	17		IGNITION INTERLOCK DEVICE; AND FOR OTHER PURPOSES. 15
20	18		16
21	19		17
22	20		Subtitle 18
23	21		TO AMEND THE LAW CONCERNING THE USE OF 19
24	22		AN IGNITION INTERLOCK DEVICE; AND TO 20
25	23		PROVIDE FOR THE EXTENSION OF THE 21
26	24		MANDATORY PERIOD FOR THE USE OF AN 22
27	25		IGNITION INTERLOCK DEVICE. 23
28	26		24
29	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
30	28		26
31	29		SECTION 1. Arkansas Code § 5 -65-118(a)(3), concerning the Office of 27
32	30		Driver Services requiring the use of an ignition interlock device, is amended 28
33	31		to read as follows: 29
34	32		(3) The office shall establish: 30
35	33		(A) A specific calibration setting no lower than two 31
36	34		hundredths of one percent (0.02%) nor more than five hundredths of one 32
37	35		percent (0.05%) of twenty-five thousandths of one percent (0.025%) of alcohol 33
38	36		in the person's blood at which the ignition interlock device will prevent the 34
39	37		motor vehicle's being started; and 35
40		-	(B) The period of time that the person is subject to the 36 ~~As Engrossed: H4/2/25~~ HB1875
	38	+	(B) The period of time that the person is subject to the 36 HB1875
41	39
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43		-
44		-
	40	+	2 03/20/2025 9:33:09 AM CEB036
45	41		restriction. 1
46	42		2
47	43		SECTION 2. Arkansas Code § 5 -65-118(b)(1), concerning the 3
48	44		responsibilities of the Office of Driver Services after requiring the use of 4
49	45		an ignition interlock device, is amended to read as follows: 5
50	46		(1)(A) State on the record the requirement for and the period of 6
51	47		use of the ignition interlock device. 7
52	48		(B) However, if the office restricts the person to using 8
53	49		an ignition interlock device in conjunction with the issuance of an ignition 9
54	50		interlock restricted license under § 5 -65-104, the time the person is 10
55	51		required to use the ignition interlock device shall be until the original 11
56	52		suspension imposed under § 5 -65-104 has been completed except as otherwise 12
57	53		provided under subsection (h) of this section ; 13
58	54		14
59	55		SECTION 3. Arkansas Code § 5 -65-118(f)(2), concerning the rules of the 15
60	56		Department of Health for the certification of ignition interlock devices, is 16
61	57		amended to read as follows: 17
62	58		(2) The rules shall require an ignition interlock device, at a 18
63	59		minimum, to: 19
64	60		(A) Not impede the safe operation of the motor vehicle; 20
65	61		(B) Minimize the opportunities to be bypassed; 21
66	62		(C) Work accurately and reliably in an unsupervised 22
67	63		environment; 23
68	64		(D) Properly and accurately measure the person's blood 24
69	65		alcohol levels; 25
70	66		(E) Minimize the inconvenience to a sober user; and 26
71	67		(F) Be manufactured by an entity that is responsible for 27
72	68		installation, user training, and servicing and maintenance of the ignition 28
73	69		interlock device, and that is capable of providing monitoring reports to the 29
74	70		office; 30
75	71		(G) Be capable of randomly retesting the person's blood 31
76	72		alcohol level while the motor vehicle's engine or motor is on, after 32
77	73		providing adequate notice of the test to ensure the safe operation of the 33
78	74		motor vehicle; 34
79	75		(H) Be capable of capturing and storing the results of 35
80		-	each test of the person's blood alcohol level while the ignition interlock 36 ~~As Engrossed: H4/2/25~~ HB1875
	76	+	each test of the person's blood alcohol level while the ignition interlock 36 HB1875
81	77
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83		-
84		-
	78	+	3 03/20/2025 9:33:09 AM CEB036
85	79		device is installed; and 1
86	80		(I) Be capable of capturing and storing a digital image of 2
87	81		the person at the time of each test of the person's blood alcohol level . 3
88	82		4
89	83		SECTION 4. Arkansas Code § 5 -65-118, concerning ignition interlock 5
90	84		devices, is amended to add an additional subsection to read as follows: 6
91	85		(h)(1) The mandatory period for using an ignition interlock device may 7
92	86		be extended if, during the final sixty (60) days of the original period or 8
93	87		during an extension of the original period, the person: 9
94	88		(A)(i) Attempts to start his or her motor vehicle with a 10
95	89		blood alcohol level of more than twenty -five thousandths of one percent 11
96	90		(0.025%) as determined by the ignition interlock device. 12
97	91		(ii) The original period for using an ignition 13
98	92		interlock device shall not be extended for an attempt to start the motor 14
99	93		vehicle with a blood alcohol level of more than twenty -five thousandths of 15
100	94		one percent (0.025%) if a subsequent test performed by the person within ten 16
101	95		(10) minutes registers a blood alcohol level of less than twenty -five 17
102	96		thousandths of one percent (0.025%) and a digital image captured by the 18
103	97		ignition interlock device shows that the same person took the subsequent 19
104	98		test; 20
105	99		(B)(i) Fails to take a random retest of his or her blood 21
106	100		alcohol level while the motor vehicle's engine or motor is on. 22
107	101		(ii) The original period for using an ignition 23
108	102		interlock device shall not be extended for a failure to take a random retest 24
109	103		if a digital image captured by the ignition interlock device at the time of 25
110	104		the random retest shows that the person was not in the motor vehicle at the 26
111	105		time of the random retest; 27
112	106		(C)(i) Takes a random retest of his or her blood alcohol 28
113	107		level while the motor vehicle's engine or motor is on and has a blood alcohol 29
114	108		level of more than twenty -five thousandths of one percent (0.025%) as 30
115	109		determined by the ignition interlock device. 31
116	110		(ii) The original period for using an ignition 32
117	111		interlock device shall not be extended for having an alcohol concentration of 33
118	112		more than twenty-five thousandths of one percent (0.025%) during a random 34
119	113		retest of his or her blood alcohol level if a subsequent test performed by 35
120		-	the person within ten (10) minutes registers a blood alcohol level of less 36 ~~As Engrossed: H4/2/25~~ HB1875
	114	+	the person within ten (10) minutes registers a blood alcohol level of less 36 HB1875
121	115
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123		-
124		-
	116	+	4 03/20/2025 9:33:09 AM CEB036
125	117		than twenty-five thousandths of one percent (0.025%) and a digital image 1
126	118		captured by the ignition interlock device shows that the same person took the 2
127	119		subsequent test; or 3
128	120		(D) Fails to have the ignition interlock device serviced 4
129	121		and monitored as required by subdivision (b)(6) of this section. 5
130	122		(2)(A) Upon completion of the period for which a person is 6
131	123		required to use an ignition interlock device, the person shall request that 7
132	124		the ignition interlock device provider certify that the person has not had a 8
133	125		violation under subdivision (h)(1) of this section. 9
134	126		(B) If the ignition interlock device provider issues a 10
135	127		certificate of compliance, the person may present the certificate to the 11
136	128		office to remove the ignition interlock restriction from the person's 12
137	129		driver's license. 13
138	130		(C)(i) If the ignition interlock device provider notifies 14
139	131		the person that the provider's records indicate that the person has had a 15
140	132		violation under subdivision (h)(1) of this section, the person may either: 16
141	133		(a) Accept the extension of the ignition 17
142	134		interlock requirement; or 18
143	135		(b) Request that the ignition interlock device 19
144	136		provider reconsider the finding of a violation, which may be based on 20
145	137		evidence of compliance provided by the person. 21
146	138		(ii) If the ignition interlock device provider 22
147	139		confirms the finding of a violation, the ignition interlock period will be 23
148	140		extended for sixty (60) days and the requirements of this section will be in 24
149	141		place for the additional period. 25
150	142		(D) If the ignition interlock device provider confirms a 26
151	143		finding of a violation under subdivision (h)(2)(C)(ii) of this section, the 27
152	144		person may demand removal of the ignition interlock device, and the provider 28
153	145		shall notify the office of the removal. 29
154	146		30
155		-	~~SECTION 5. EFFECTIVE DATE. This act is effective on July 1, 2026.~~ 31
	147	+	31
156	148		32
157		-	~~/s/Tosh~~ 33
	149	+	33
158	150		34
159		-	~~APPROVED: 4/17/25~~ 35
	151	+	35
160	152		36