In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.
Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.
Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.
In Arkansas, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway or on the shoulder of a public highway. This is outlined in the Arkansas Code Annotated § 5-71-218. The law applies to both drivers and passengers, and the passenger area is generally considered to be any area readily accessible to the driver or passengers while in their seating positions, including the glove compartment. Violation of this open container law is considered a misdemeanor, and penalties can include fines. However, Arkansas law does not typically impose a driver's license suspension or jail time for an open container violation. It's important to note that some local jurisdictions within Arkansas may have their own regulations regarding open containers in vehicles, which could potentially be more restrictive than state law.