2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 71 - Riots, Disorderly Conduct, Etc.
Subchapter 2 - Offenses Generally
§ 5-71-212. Public Intoxication - Drinking in Public
(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b)
(1) Public intoxication is a Class C misdemeanor.
(2)
(A) Public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.
(B) If convicted of the unclassified misdemeanor of public intoxication for a third or subsequent offense of public intoxication occurring within a five-year period, in addition to a fine of no more than five hundred dollars ($500), the person may be sentenced to:
(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency;
(ii) A term not to exceed thirty (30) days in a county jail, with an additional probationary period to include as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of jail and probation not to exceed one (1) year; and
(iii) Provided that with regard to any revocation of probation under subdivision (b)(2)(B)(i) or subdivision (b)(2)(B)(ii) of this section, that any jail sentence imposed for revocation of probation not exceed thirty (30) days in the county jail.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:
(1) In any public place;
(2) On any highway or street;
(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or
(4) In or about any depot, platform, waiting station or room, or other public place.
(d) Drinking in public is a Class C misdemeanor.
(e) This section does not prohibit or restrict the consumption of an alcoholic beverage when consumed:
(1) As a part of a recognized religious ceremony or ritual; or
(2) Within the physical boundaries of a designated entertainment district as defined in § 14-54-1412.
