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Is there an open container law in Arkansas ?

Is there an open container law in Arkansas?

Easy answer. Yes. The same law that bans public intoxication bans open containers in some circumstances. This law, copied below, clearly makes it an offense to be drinking in any public place. Now if you want to split hairs, mearly having an open bottle is not the same as drinking right ? Therefore, to be convicted of this, the arresting officer would technically have to see you actually drinking. After defending this charge soon, we will see how well this defense will work: "I was just holding it for my friend, I wasn't drinking it."  In my experience, "holding it for someone else" isn't the best defense.

§ 5-71-212 Public intoxication

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b) Public intoxication is a Class C misdemeanor.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:
(1) In any public place;
(2) On any highway or street;
(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or
(4) In or about any depot, platform, waiting station or room, or other public place.
(d) Drinking in public is a Class C misdemeanor.
(e) The provisions of this section shall not be construed to prohibit or restrict the consumption of an alcoholic beverage when consumed as a part of a recognized religious ceremony or ritual.

Posted by Hoglawyer on September 10, 2009 04:25 PM |

Comments

Likely would fail because the fact finder would take holding the open drink as evidence of drinking, and not weigh the credibility of the defendant very favorably. Legally, it seems like a sound argument to me.

Posted by: mcbsmith [TypeKey Profile Page] | November 20, 2009 04:24 PM

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