Arkansas Code of 1987 (2023)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101)
Chapter 71 - RIOTS, DISORDERLY CONDUCT, ETC (§§ 5-71-101 — 5-71-303)
Subchapter 2 - OFFENSES GENERALLY (§§ 5-71-201 — 5-71-230)
Section 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) However, 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) In addition to a maximum fine of five hundred dollars ($500), a person convicted of public intoxication under subdivision (b)(2)(A) of this section 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. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(i) shall not exceed thirty (30) days; and
      • (ii) A term of imprisonment not to exceed thirty (30) days, with an additional probationary period that includes 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 imprisonment and probation not to exceed one (1) year. A term of imprisonment imposed for a revocation of probation under this subdivision (b)(2)(B)(ii) shall not exceed thirty (30) days.

• (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.

Amended by Act 2021, No. 466,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 812,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 781,§ 2, eff. 7/24/2019.

Acts 1975, No. 280, § 2913; 1975 (Extended Sess. 1976), No. 1155, §§ 1, 2; A.S.A. 1947, §§ 41-2913, 41-2913.1; reen. Acts 1987, No. 877, § 1.