|
|
|
|
- Arkansas -
Underage Drinking: Internal Possession by Minors
|
Internal possession is not explicitly prohibited. Notes: Although Arkansas law previously prohibited alcohol in the body of a minor from being deemed to be in his or her possession, beginning on July 27, 2011, Arkansas provides that "intoxicating liquor, wine, or beer in the body of a minor is deemed to be in his or her possession.” Ark. Code Ann. § 3-3-203(a)(2). Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Underage Drinking: False Identification for Obtaining Alcohol
|
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- Penalty may include driver's license suspension through a judicial procedure
Provision(s) targeting suppliers:
- It is a criminal offense to lend, transfer, or sell a false ID
- It is a criminal offense to manufacture or distribute a false ID
Provision(s) targeting retailers:
- Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
- No statutory affirmative defense - statutes do not provide an affirmative defense related to retailer's belief that the minor was 21 years of age or older
- Retailer has the authority to detain a minor suspected of using a false ID in connection with the purchase of alcohol
Notes: In Arkansas, the prohibition against attempted use of a false ID for purchasing alcoholic beverages applies to persons less than 21 years of age. Prior to July 31, 2007, the denial of driving privileges as a penalty for violating this prohibition only applied to persons less than 18 years of age. This denial is through a judicial process. Beginning on July 31, 2007, Arkansas added an administrative suspension process for those between 18 to 21 years of age to whom the judicial process does not apply.
Under Ark. Code Ann. § 5-27-503(b), a seller's detention of a person under 21 for use of false identification "shall not include a physical detention."
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Retail Sales: Keg Registration
|
Keg definition: a liquid capacity of more than five gallons
Prohibited:
-
possessing an unregistered, unlabeled keg
- max. fine/jail: $1000 / 90 days
-
destroying the label on a keg
- max. fine/jail: $1000 / 90 days
Purchaser information collected:
purchaser's name and address
verified by a government-issued ID
Warning information to purchaser:
active – purchaser action required (e.g., signature)
Deposit required: $75
Provisions do not specifically address disposable kegs
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
Underage Drinking: Use/Lose: Driving Privileges
|
Arkansas has two Use/Lose laws:
-
Type(s) of violation leading to driver's license suspension, revocation, or denial:
- Underage purchase
- Underage possession
Use/lose penalties apply to minors under age 18
Authority to impose driver's license sanction
Length of suspension/revocation:
-
Minimum:
0 days
-
Maximum:
Not Specified
-
Type(s) of violation leading to driver's license suspension, revocation, or denial:
- Underage purchase
- Underage possession
Use/lose penalties apply to minors under age 21
Authority to impose driver's license sanction
Length of suspension/revocation:
60 days
|
Explanatory Notes and Limitations
Comparison Map
Legal Citations
|
|