The open container law in Arkansas and the penalties for possessing open containers of alcohol in a motor vehicle.
Subject to some exceptions, Arkansas prohibits possessing open containers of alcohol in a motor vehicle. This article provides an overview of Arkansas's open container law and the penalties for a violation.
Arkansas's Open Container Law
Until recently, Arkansas was one of a handful of states that didn't have an open container law. But in 2017, lawmakers made open containers in vehicles illegal. This law prohibits possessing an open container of alcohol in:
- the driver's or passenger's seat of a motor vehicle, or
- an area of the vehicle that is readily accessible to the driver or passenger of the vehicle.
However, the open container law applies only if the vehicle is located on a highway or public right of way.
How Arkansas's Open Container Law Defines "Alcoholic Beverage"
An alcoholic beverage is defined as:
- beer and any other similar fermented beverage containing .5% or more of alcohol by volume
- wine with .5% or more of alcohol by volume, or
- distilled spirits in any form.
Under this definition, even non-alcohol beer could lead to an open container ticket.
What's Considered an "Open" Container Under Arkansas Law
An open container is defined as any bottle, can, or other receptacle containing any amount of alcoholic beverage that is open, has a broken seal, or has had the contents partially removed.
Exceptions to Arkansas's Open Container Restrictions
An open container of alcohol can be lawfully possessed in:
- an area outside of the passenger area of the motor vehicle (such as the trunk), or
- a locked area of the motor vehicle, including a glove compartment or center console.
If the vehicle doesn't have a trunk, an open container of alcohol can be behind the last upright seat or in an area not typically occupied by a driver or passenger.
Generally, the open container law applies to both drivers and passengers. However, passengers can possess an open container of alcohol in a motor vehicle used primarily for the transportation of persons for compensation. And passengers can possess an open container in a motor home, house trailer, or other recreational vehicle if:
- the open container is possessed within the living quarters of the vehicle or within an area that is designated for passengers only, and
- the open container is not readily accessible to the driver.
Penalties for Open Container Violations in Arkansas
Violation of Arkansas's open container law is a Class C misdemeanor. The maximum penalties are 30 days in jail and a $500 fine.
