Arkansas Minor in Possession Laws

Online Alcohol Class offers the most comprehensive Minor in Possession instruction available in Arkansas. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) online Minor in Possession and Minor in Consumption Courses.

Often students and parents call us to ask about the MIP laws in Arkansas. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the Arkansas minor in possession laws displayed below are intended to assist help you to understand your local Arkansas laws. While we have tried to show the most up-to-date version of Arkansas MIP laws, but we cannot guarantee its accuracy. This web page is not a substitute for legal advice from a lawyer. It is in your best interest that you find an appropriate lawyer for more information about Arkansas MIP laws.

Arkansas Minor In Possession Laws

Arkansas Underage Possession of Alcohol

Possession is prohibited with NO EXCEPTIONS.

Arkansas Underage Consumption of Alcohol

Consumption is not explicitly prohibited.

Arkansas Internal Possession by Minors

Internal possession is specifically not prohibited.

Arkansas Underage Purchase of Alcohol

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Furnishing Alcohol to Minors in Alabama

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian
  • OR spouse

Notes: Arkansas' statute regarding furnishing alcohol to any person under 21 years old includes an exception for "family" members, but does not specify which family members. APIS interprets the phrase "family" as including a spouse.

Minimum Ages for On-Premises Servers and Bartenders in Arkansas

  • Beer: 19 for servers and 21 for bartenders
  • Wine: 19 for servers and 21 for bartenders
  • Spirits: 19 for servers and 21 for bartenders

Minimum Ages for Off-Premises Sellers of Alcohol in Arkansas

  • Beer: 18 years old
  • Wine: 18 years old
  • Spirits: 21 years old

False Identification for Obtaining Alcohol in Arkansas

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. ยง 5-27-503(b), a seller's detention of a person under 21 for use of false identification "shall not include a physical detention."

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Non-commercial Motor Vehicles in Arkansas

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation

Applies to drivers under age 21

Arkansas Retail Sales Laws: Keg Registration

Keg definition: a liquid capacity of more than five gallons

Prohibited:

  • Possessing an unregistered, unlabeled keg - max. fine/jail: $1000 or 90 days
  • Destroying the label on a keg - max. fine/jail: $1000 or 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

Use/Lose: Driving Privileges in Arkansas

Arkansas has two Use/Lose laws:

  1. 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

  • Discretionary

Length of suspension/revocation:

  • Minimum: 0 days
  • Maximum: Not Specified

    1. 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

  • Mandatory

Length of suspension/revocation: 60 days

Prohibitions Against Hosting Underage Drinking Parties in Arkansas

Social host law is not specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Exception(s):

  • Family

Notes: Arkansas's social host provision applies only to a person who is present and in control of the private property at the time the consumption occurs.

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