85-066
Driver's license suspended for DWI--during the time of the suspension does he have a legal rights to operate any type of motor vehicle, including motorcycles and motor driven cycles? Act 549 of 1983 819 of 1979 Act 201 of 1959 5-65-101 et seq 27-20-101 et seq. Yes.
Cite as Ark. Op. Att'y Gen. 85-066
STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK (501) 371-2007
ATTORNEY GENERAL March 5, 1985
OPINION NO. 85-66
Honorable J. Sturgis Miller
State Representative
House of Representatives
State Capitol
Little Rock, Arkansas 72201
Dear Representative Miller:
This is in response to your inquiry whereby you submitted
the following:
When a person's drivers license has been suspended
ox revoked after a conviction of driving while
intoxicated, during the time of suspension, does
that person have a legal right to operate any
type of motor vehicle, including motorcycles
and motor-driven cycles?
A person would have a.legal right to operate a motor-driven cycle
or motorized bicycle on the condition that the operation of such vehicle
is not in violation of local ordinances or. state laws which prohibit
the operation of such vehicles on certain roadways.
Act 549 of 1983 suspends or revokes a person's motor vehicle
operator's license upon conviction of a violation of the Act. However,
due to Act 819 of 1979, which repealed Section 4 of Act 201 of 1959,-.
the suspension or revocation would have no effect on the operation of a
motor-driven cycle or motorized bicycle, provided that the motor does
not produce in excess of "five and one-half (5 1/2) brake horsepower,
because an operator's license is not required to operate such vehicles.
The foregoing opinion, which I hereby approve, was prepared by
Assistant Attorney General Kent Jolliff.
SCipas