1. (a) A person shall be disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the:

   1. (1) Manufacture, distribution, or dispensing of a controlled substance; or
   2. (2) Possession with intent to manufacture, distribute, or dispense a controlled substance.

2. (b) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations of any of the following offenses, or any combination of those offenses, arising from two (2) or more separate incidents:

   1. (1) Driving a commercial motor vehicle while intoxicated;
   2. (2) Driving a commercial motor vehicle while the person’s blood alcohol concentration is four-hundredths percent (0.04%) or more;
   3. (3) Leaving the scene of an accident involving a commercial motor vehicle driven by the person;

   4. (4)

      1. (A) Using a commercial motor vehicle in the commission of any felony other than a felony described in subdivision (b)(1) of this section.
      2. (B) Only an offense committed after January 1, 1990, can be considered in connection with such disqualification for life; and
   5. (5) Refusal to submit to a test to determine the driver’s blood alcohol concentration while driving a commercial motor vehicle.

3. (c) Should a driver who has been reinstated from a lifetime disqualification be subsequently convicted of another offense listed in subject (2) of this rule, he or she shall be:

   1. (1) Permanently disqualified for life; and
   2. (2) Ineligible to again apply for a reduction of the lifetime disqualification.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "1-27-23-112 LIFETIME DISQUALIFICATION"