Arkansas Alcohol-Related Laws

Arkansas Alcohol-Related Laws

This information is provided to inform you of some of the alcohol related laws in the state of Arkansas. This is not an all-inclusive list, and the laws listed have been abbreviated. Note that the penalties listed are the minimum and maximums according to law, and subsequent offenses (especially with the DWI and DUI laws) can include substantially harsher penalties. If you need more information on any of these, or other, laws, please contact the University of Arkansas Police Department.

Unknowingly Furnishing or Selling Alcohol to Minor

3-3-201(a): The sale, giving away, or other disposition of intoxicating liquor to a minor is declared to be a misdemeanor.
 
Penalties
  • 1st offense: Fine - $200 to $500
  • 2nd or subsequent offense: Jail Time - No less than 1 year; Fine - $500 to $1000

Knowingly Furnishing or Selling Alcohol to Minor

3-3-202(a)(1) It shall be unlawful for any person knowingly … furnish any alcoholic beverage to any person under 21 years of age.
 
Penalties
  • 1st offense: Misdemeanor; Jail Time - No more than 10 days; Fine - No more than $500
  • 2nd or subsequent offense: Felony; Jail Time - 1 to 5 years; Fine - No more than $500

Minor in Possession of Alcohol

3-3-203(a)(1) It shall be unlawful for any person under the age of 21 years to purchase or have in possession any intoxicating liquor, wine, or beer. (b) It shall also be unlawful for any adult to purchase on behalf of a person under the age of 21 years any intoxicating liquor, wine, or beer.

Penalties
  • 1st offense: Misdemeanor; Fine - $100 to $500; Theme or essay on liquors, wine, or beer; Probation
  • 2nd or subsequent offense: Same as 1st offense

Manufacturing or Altering Personal Identification Document

5-27-502(a) It shall be unlawful for a person to: (1) manufacture or produce fraudulent personal identification documents for the purpose of purchasing alcoholic beverages…; or (3) sell or otherwise distribute such fraudulent personal identification documents to a person under 21.
Penalties
  • 1st offense: Class C Felony; Jail Time - 3 to 10 years; Fine - No more than $10,000
  • 2nd or subsequent offense: Class B Felony; Jail Time - 5 to 20 years; Fine - No more than $15,000

Possession of Fraudulent or Altered Personal Identification Document

5-27-503(a) It shall be unlawful for: (1) a person to possess a fraudulent or altered personal identification document for the purpose of providing a person under 21 identification which can be used for the purpose of purchasing alcoholic beverages…; (2) a person under 21 to possess a fraudulent of altered personal identification document which can be used for the purpose of purchasing alcoholic beverages…; or (3) a person under 21 to attempt to use a fraudulent or altered personal identification document for the purpose of purchasing alcoholic beverages illegally…
Penalties
  • 1st offense: Class B Misdemeanor; License Suspended - Offenders under 18, 1 year of until 18th birthday; Jail Time - No more than 90 days; Fine - No more than $500
  • 2nd or subsequent offense: Class A Misdemeanor; License Suspended - Offenders under 18, 1 year or until 18th birthday; Jail Time - No more than 1 year; Fine - No more than $1,000

Public Intoxication and Drinking in Public

5-71-212(a) A person commits the offense of public intoxication if he appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that he is likely to endanger himself or other persons or property, or that he unreasonably annoys persons in his vicinity. (c) A person commits the offense of drinking in public if that person consumes any alcoholic beverages in any public place, on any highway or street, or upon any passenger coach…or in or upon any vehicle commonly used for the transportation of passengers, or…other public place other than a place of business licensed to sell alcoholic beverages for consumption on the premises.
 
Penalties
  • 1st offense: Class C Misdemeanor: Jail Time - No more than 30 days; Fine - No more than $100
  • 2nd or subsequent offense: Same as 1st offense

Unlawful Use of License

27-16-302 It is a misdemeanor for any person: (1) To display, …or permit to be displayed, or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license; (2) To knowingly assist or permit any other person to apply for or obtain through fraudulent application or other illegal means any Arkansas driver's license; (3) To lend his driver's license to any other person or knowingly permit its use by another; (4) To display or represent as one's own any driver's license not issued to him…(6) To use a false or fictitious name in any application for a driver's license, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application; (7) To permit any unlawful use of a driver's license issued to him; or (8) To do any act forbidden or fail to perform any act required by this act.

Penalties

  • 1st offense: Misdemeanor; Jail Time - Determined by court; Fine - No more than $500
  • 2nd or subsequent offense: Same as 1st offense

Driving While Intoxicated


5-65-103(a) It is unlawful…for any person who is intoxicated to operate or be in actual physical control of a motor vehicle. (b) It is unlawful for any person to operate or be in actual physical control of a motor vehicle if there was 0.08% or more by weight of alcohol in the person's blood as determined by a chemical test…

 
Penalties for 1st Offense (Penalties increase for 2nd and subsequent offenses)
  • License seized upon arrest
  • License suspended - 120 days (alcohol), 6 months (drugs)
  • Jail Time - 24 hours to 1 year, or public service
  • Fine - $150 to $1000
  • Alcohol Treatment or Education Program
  • Use of ignition interlock device
  • (No plea bargaining nor probation)

Driving Under the Influence

5-65-303(a) It is unlawful for any underage person to operate a motor vehicle while under the influence of an alcoholic beverage or similar intoxicant. (b) It is unlawful for any underage person to operate a motor vehicle if there was 0.02% but less than 0.08% by weight of alcohol in the person's blood as determined by a chemical test.
Penalties for 1st Offense (Penalties increase for 2nd and subsequent offenses)
  • License seized upon arrest
  • License suspended - 90 to 120 days
  • Fine - $100 to $500
  • Public Service
  • Alcohol and Driving Education Program
  • No plea bargaining nor probation

Violation of Implied Consent Law

5-65-202(a) and 5-65-309(a) Any person who operates a motor vehicle … shall be deemed to have given consent … to a chemical test .. of his or her blood, breath, or urine for the purpose of determining the alcohol or controlled substance content of his or her blood …
Penalties for 1st Offense (These penalties are for DWI or DUI if also charged with VICL)
  • License seized upon arrest
  • License suspended - 180 days for DWI, 90 to 180 days for DUI