Miller v. Arkansas Department of Finance & Administration

JIM GUNTER, Justice.

| Appellant appeals the circuit court’s order affirming the suspension of his driving privileges. On appeal, appellant argues that the circuit court erred in finding that Ark.Code Ann. § 5-65-402 (Supp.2009) was constitutional. Because this is an appeal challenging the constitutionality of an act of the General Assembly, this court has jurisdiction pursuant to Ark. Sup.Ct. R. 1-2(b)(6). We find no error and affirm.

On December 21, 2010, appellant was pulled over by an officer with the Arkansas State Police on suspicion of driving while intoxicated (DWI). After failing three…