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5-71-218. Possession Of Open Container Containing Alcohol In A Motor Vehicle.

(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle that is:

(1) Designated to seat the driver or a passenger in the motor vehicle and the motor vehicle is in operation; or

(2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway.

(b) It is not an offense under this section if the open alcoholic beverage container is possessed:

(1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle;

(2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle;

(3) In a permanently sealed container that cannot be unsealed without breaking the seal or destroying the container; or

(4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is:

(A) Designed, maintained, or used primarily for the transportation of persons for compensation; or

(B) A recreational vehicle, motor home, or house trailer.

(c) A violation of this section is a Class C misdemeanor.

History

Acts 2017, No. 849, § 1.

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Local Government
Arkansas
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Asa Hutchinson
Asa Hutchinson
January 13, 2015 -
Republican
501-682-5080
425 W Capitol Ave. Suite 1620, Little Rock, AR, 72201

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