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. The section's text does not specify a dollar fine amount; check with the court handling a citation for the current amount.
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. The statute's text does not specify a dollar fine amount, so check with the court handling the citation for the current figure.
Updates
Independently fact-checked against the cited primary sources
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)