§ 5-65-304 - Seizure, suspension, and revocation of license -- Temporary permits.
5-65-304. Seizure, suspension, and revocation of license -- Temporary permits.
(a) At the time of arrest for violating 5-65-303, the arresting law enforcement officer shall seize the motor vehicle operator's license of the underage person arrested and issue to the underage person a temporary driving permit as provided by 5-65-402.
(b) (1) The Office of Driver Services shall suspend or revoke the driving privileges of the arrested underage person under the provisions of 5-65-402 and the arrested underage person shall have the same right to hearing and judicial review as provided under 5-65-402.
(2) The suspension or revocation shall be as follows:
(A) Suspension for ninety (90) days for the first offense of violating 5-65-303;
(B) Suspension for one (1) year for the second offense of violating 5-65-303; and
(C) (i) Revocation for the third or subsequent offense of violating 5-65-303 occurring while the person is underage.
(ii) Revocation is until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.
(c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense:
(1) Any conviction for violating 5-65-103 or 5-65-303; and
(2) Any suspension or revocation of driving privileges for an arrest for a violation of 5-65-103 or 5-65-303 when the person was not subsequently acquitted of the criminal charge.
(d) (1) (A) (i) The office shall charge a fee to be calculated as provided under subdivision (d)(2)(B) of this section for reinstating a driver's license suspended because of a violation of 5-65-303 or 5-65-310.
(ii) Forty percent (40%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health.
(B) The reinstatement fee is calculated by multiplying twenty-five dollars ($25.00) by each separate occurrence of an offenses resulting in an administrative suspension order under 5-65-303 unless the administrative suspension order has been removed because:
(i) The person has been found not guilty of the offense by a circuit court or district court; or
(ii) A de novo review of the administrative suspension order by the office results in the removal.
(C) The fee under this section is supplemental to and in addition to any fee imposed under 5-65-119, 5-65-310, 27-16-508, or 27-16-808.
(2) As used in this subsection, "occurrence" means each separate calendar date when an offense or offenses take place.