Arkansas
Arkansas Open Container Law (2026): Rules, Exemptions, and Penalty
Independently fact-checked against primary sources (last audited September 17, 2026). · 1 primary source cited on this page. How we verify our legal content
Arkansas bans having an open alcohol container in an area designated to seat the driver or a passenger, or an area readily accessible to either from a seated position while the vehicle is on a public highway or its right-of-way, for the driver and every passenger, under Ark. Code Ann. § 5-71-218. A violation is a Class C misdemeanor. This reflects the statute's text as of September 2026.
Jurisdiction scope: This page covers Arkansas state law only, specifically Ark. Code Ann. § 5-71-218. It does not cover local municipal ordinances or Arkansas's separate DUI statutes.
What Arkansas's open container law prohibits
Ark. Code Ann. § 5-71-218(a) bans possessing an open alcohol container in an area of the vehicle designated to seat the driver or a passenger, or an area readily accessible to either of them from a seated position while the vehicle is located on a public highway or the right-of-way of a public highway. That covers the driver and any passenger. As with several neighboring states, the section bans possession only. It does not include a separate clause making it illegal to drink alcohol inside the vehicle.
Exemptions to Arkansas's open container law
Four situations fall outside the possession ban:
- Outside of the passenger area of the vehicle, or another area of the vehicle commonly used to transport passengers, such as the trunk or cargo area.
- Any locked area of the vehicle, including without limitation a glove compartment or center console.
- The area behind the last upright seat, or an area not normally occupied by the driver or a passenger, in a vehicle that has no trunk.
- A passenger, but not the driver, who has the container in a living-quarters or passengers-only area that the driver cannot readily reach, in a for-hire, recreational, motor-home, or house-trailer vehicle.
Penalty for an Arkansas open container violation
A violation is a Class C misdemeanor. Under Arkansas's general sentencing statutes, a Class C misdemeanor carries a fine of up to $500 (Ark. Code Ann. § 5-4-201(b)(3)) and a jail sentence of up to 30 days (Ark. Code Ann. § 5-4-401(b)(3)).
How Arkansas's law fits the federal open container framework
Federal law, 23 U.S.C. § 154 and 23 CFR 1270.4, conditions a share of highway funding on states having an open container law that bans both possession and consumption for every vehicle occupant. Arkansas does not appear on FHWA's fiscal year 2026 list of twelve non-conforming states published in Notice N4510.905.
Disclaimer: This article provides general legal information about Arkansas's open container law as of September 2026. It is not legal advice. Consult a lawyer licensed in Arkansas for advice about a specific situation.
Related reading: open container laws by state, Arkansas DUI laws, and Arkansas window tint laws.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Can a passenger drink alcohol in a car in Arkansas?
Arkansas's statute bans possessing an open alcohol container in an area designated for the driver or a passenger, and that ban covers passengers as well as the driver. The section does not separately ban the act of drinking, but holding an open container in a reachable area is itself the offense.
Can I keep an open container in the trunk in Arkansas?
Yes. Any area outside the passenger area of the vehicle, or another area commonly used to transport passengers, such as the trunk or cargo area, is exempt from the possession ban, along with any locked area of the vehicle, such as a locked glove compartment or center console, and, in a trunkless vehicle, the area behind the last upright seat or an area not normally occupied by the driver or a passenger.
Does Arkansas's open container law apply to RVs?
A passenger, but not the driver, may possess an open container in a living-quarters or passengers-only area of a for-hire, recreational, motor-home, or house-trailer vehicle that the driver cannot readily reach.
What is the fine for an open container violation in Arkansas?
A violation is a Class C misdemeanor. Arkansas law caps the fine for a Class C misdemeanor at $500 under Ark. Code Ann. § 5-4-201(b)(3), and caps any jail sentence at 30 days under Ark. Code Ann. § 5-4-401(b)(3).
Updates
Added the maximum penalties for an Arkansas open container violation: as a Class C misdemeanor it carries a fine of up to $500 and up to 30 days in jail.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arkansas Code of 1987 Annotated
§ 5-71-218Possession of open container containing alcohol in a motor vehicle.In force
(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle if the area of the motor vehicle is: (1) Designated to seat the driver or a passenger in the motor vehicle;…
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library
§ 5-4-201Fines — Limitations on amount.In forcecited in 7 of our articles
(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony;…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jim Ray, Inc. v. Williams (Court of Appeals of Arkansas 2007, 99 Ark. App. 315)“…Trade Practices Act. Ark.Code Ann. § 4-88-103 (Repl. 2001); Ark.Code Ann. § 5-4-201(b)(1) (Repl.2006). The Act also provide…”
- Wooten v. State (Court of Appeals of Arkansas 2005, 93 Ark. App. 178)“…a $1000 fine and a jail term not to exceed one year. See Ark. Code Ann. §§ 5-4-201 (b)(1) and 5-4-401(b)(1) (Repl. 1997).…”
- Morris v. State (Supreme Court of Arkansas 2017, 518 S.W.3d 70)“…fine for a Class C misdemeanor is not to exceed $500. See Ark. Code Ann. § 5-4-201(b)(3) (Repl. 2013). The Arkans…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026), Arkansas Surveillance Camera Laws (2026 Guide)
§ 5-4-401Sentence.In forcecited in 11 of our articles
(a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less…
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Cited in 248 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Radford v. State (Court of Appeals of Arkansas 2018, 538 S.W.3d 894)“…r a Class B felony is five to twenty years' imprisonment. Ark. Code Ann. § 5-4-401 (a)(3). The final sentencing order tha…”
- Romario Waller v. State of Arkansas (Supreme Court of Arkansas 2020, 2020 Ark. 381)“…onment for first-degree murder is not illegal on its face. Ark. Code Ann. § 5-4-401(a)(1) (Repl. 1993). Moreover, this cour…”
- James Sherwood Edwards v. State of Arkansas (Court of Appeals of Arkansas 2024, 2024 Ark. App. 431)“…nge for Class D felony at not more than fifteen years) with Ark. Code Ann. § 5-4-401(a)(2) (Repl. 2013) (setting sentencing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arkansas Security Camera Laws: Home, Business, and HOA Rules (2026), Arkansas AI Meeting Recording Laws (2026), Arkansas Ring Doorbell Laws: What You Need to Know in 2026
Code of Federal Regulations Title 23
§ 1270.4Compliance criteria.In forcecited in 20 of our articles
(a) To avoid the reservation of funds specified in § 1270.6, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (b) The law must apply to: (1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage; (2) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located on a public highway or the right-of-way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Also relied on in: Maine Open Container Law (2026): Statute and Exemptions, Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Alaska Open Container Law (2026): A Driver-Only Driving Offense
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Open Container Law (2026): The $25 Fine and No-Points Rule, California Open Container Law (2026): The Full Rule, Colorado Open Container Law (2026): Statute and Penalty
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Ark. Code Ann. 5-71-218 - open container law text, exemptions, and penalty (2025 Arkansas Code, verified live 2026-09-16, unchanged since the 2018 amendment)(law.justia.com)
- FHWA Notice N4510.905 (FY2026 apportionment notice) - list of states with a non-conforming open container law(highways.dot.gov).gov
- 23 U.S.C. 154(a) - federal open container law compliance requirements(law.cornell.edu)
- Arkansas Sentencing Commission impact assessment - standard punishment ranges, including the Class C misdemeanor limits of Ark. Code Ann. 5-4-201(b)(3) and 5-4-401(b)(3)(arkleg.state.ar.us)