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3-3-203. Purchase or possession by minor.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-203. Purchase or possession by minor.
(a)(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.
(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
(b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.
(c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
(1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
(2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
(e)(1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, per
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:3-3-203
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff0203e7d41e0e9ff97390716298e9bd92a2927a810c56280d45220ee7dce234
Source location: content.xml paragraph 891
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3-3-203. Purchase or possession by minor.
(a)(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.
(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
(b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.
(c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:
(1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and
(2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.
(e)(1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402.
(2)(A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.
(B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows:
(i) Suspension for sixty (60) days for a first offense under subsection (a) of this section;
(ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and
(iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.
(3) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after August 12, 2005.
(f) A person under eighteen (18) years of age who violates this section is subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.
(g)(1) A person under twenty-one (21) years of age is immune from criminal prosecution under subsection (a) of this section if:
(A) The person:
(i) Requested emergency medical assistance in response to a medical emergency of another person;
(ii) Remained on the scene until the emergency medical assistance arrived; and
(iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency;
(B) The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or
(C) The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section.
(2) This subsection does not apply if the request for emergency medical assistance does not occur until after law enforcement personnel have arrived at the scene of the medical emergency.
(3) The immunity from criminal prosecution provided under this section shall not in any way affect a law enforcement officer's or court's probable cause determination in regard to another criminal offense.
(h) It is not an offense under this section if the minor was acting at the direction of an authorized agent of the Alcoholic Beverage Control Enforcement Division to enforce or ensure compliance with laws relating to the prohibition of the possession of an alcoholic beverage by a minor or the sale of an alcoholic beverage to a minor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-402. Surrender of license or permit to arresting officer.
(a)(1)(A) At the time of arrest for violating § 3-3-203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-23-114(a)(2), or § 27-23-114(a)(5), the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer.
(B) The arresting law enforcement officer shall seize the license, permit, or other evidence of driving privilege surrendered by the arrested person or found on the arrested person during a search.
(C)(i) If a juvenile, as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., is arrested for violating § 3-3-203(a) or § 5-27-503(a)(3), the arresting officer shall issue the juvenile a citation to appear for a juvenile intake with a juvenile intake officer.
(ii) The arresting officer shall forward a copy of the citation and the license, permit, or other evidence of the driving privilege to the juvenile office before the scheduled juvenile intake.
(iii) Juveniles subject to the jurisdiction of the circuit court under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., shall not be subject to this section, except as provided in this subdivision (a)(1).
(2)(A)(i) If the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to the arresting law enforcement officer, the arresting law enforcement officer shall issue to the arrested person a dated receipt for that license, permit, or other evidence of driving privilege on a form prescribed by the Office of Driver Services.
(ii) This receipt shall be recognized as a license and authorizes the arrested person t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-65-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-301. Title.
This subchapter shall be known and may be cited as the “Arkansas Juvenile Code of 1989”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-27-301. This identifies an authority to review, not proof of applicability.