The Legal Drinking Limits in Arkansas
A multitude of signs can be seen across the state of Arkansas promoting the legal drinking age to be 21, urging individuals who are not of age to think before partaking in alcoholic beverages, but what does the law actually state? In the eyes of the law, a person must be 21 for all intents and purposes to be able to legally purchase and consume alcoholic beverages. It is unlawful for any person under 21 to purchase, possess, or consume an alcoholic beverage. An individual who does not hold a permit, nor is older than 21, may not make it available to a person who is underage for consumption. The only person exempt from the 21 legal drinking age requirement when it comes to the consumption of alcoholic beverages is a non-resident who is 18 years old , or older, and holds a valid permit issued in another state that allows them to purchase and consume alcoholic beverages. It is important to note that distribution of alcoholic beverages to persons under 18 years is also prohibited. Further, the provisions and requirements instituted by the Arkansas Alcoholic Beverage Control Division, and separate municipalities, apply to possession, purchases, and use of alcoholic beverages. In addition, all regulations and laws require a person to be at least 21 in order to purchase and consume alcohol.
Who Is Exempt from the Legal Drinking Age in Arkansas
Even with a stated drinking age set at 21, there are some exceptions to the general rule, and younger people may be able to legally consume alcohol in certain situations. One potential exception to the general rule involves religious ceremonies, such as consuming wine at a bar mitzvah.
In addition, it is possible for minors to legally consume alcohol when it is in their own home and under the supervision of their parents. A minor cannot purchase the alcohol from a store, and the event probably shouldn’t involve a three-day binge of drinking, but in certain situations, this can be ok.
Albeit a unique situation, there is also an exception for someone who is at least 18 years old and a pregnant woman. This is not a loophole in the system that allows women who are over 18 to drink while they are pregnant, though—the exception was only intended to apply to people who were not drinking to excess or to get drunk and were strictly having small amounts of alcohol during their pregnancy.
With relatively few exceptions, there are strict laws governing the sale and consumption of alcohol by minors. In addition, the alcohol-related laws of Arkansas do not apply to federally owned property or land operated by the national park service, as the authority for alcohol consumption is delegated to the state governments rather than the federal government.
Underage Drinking Laws in Arkansas
The legal ramifications for underage drinking in Arkansas can be severe. If you are cited for underage drinking (a minor in possession charge), this is a Class "A" misdemeanor. The first offense will carry a fine of $100-$500 and/or 90-day suspension of the right to drive. Having an arrest and conviction on your record is not worth the temporary pleasure from drinking and will stay on your record forever in most cases. If you are under 18 years of age, parents are not always notified depending on the severity of the situation. However, in most situations, charges are filed and the underage drinker does not contact an attorney. Why would you ever be arrested for drinking a domestic beer at a party? Could you imagine going to jail for drinking a Natural Lite? Lawyers (not the drunk kids) will make new laws as soon as some attorneys can convince the Judge they need to hire their firm for their own drinks. Arkansas is a dry state at least as far as minors are concerned. Even if you are at your house and someone brings a 6-pack of beer inside, you and that other adult are subject to a "minor in possession" charge. Also, the city can file delinquency charges against minors who have a minor in possession. At that point, it is up to the juvenile court to decide the consequences. Community service, if the minor has no previous charges and a clean juvenile record, is a real possibility. Arkansas is tough when it comes to drinking and driving. Still, there are exceptions but it is better to get the help right away because an arrest will have a negative impact on your long-term future. Many people spend thousands of dollars on fines, classes, family counseling, community service, suspended licenses, probation, and even jail time. Having an arrest on your record is a regret that most people can live without so don’t take any chances in Arkansas.
The Legal Drinking Age History in Arkansas
From the time the state joined the union in 1836, the drinking age in Arkansas has evolved significantly. Imposed by the 18th Amendment to the United States Constitution in 1919, a nationwide prohibition on the manufacture, sale and transportation of intoxicating liquors started in January of 1920. Prohibition lasted 13 years until it was repealed by the 21st Amendment to the Constitution in 1933. Following the end of prohibition, Arkansas lawmakers determined that "the manufacture, use, consumption, possession, sale, trafficking, purchase and transportation of alcoholic beverages and other products" is legal so long as it is done in accordance with the "provisions of the laws of this state." While there was no minimum drinking age in the state at that time, there were restrictions on the sale of certain alcoholic beverages depending on their alcohol content. Laws prohibited the sale of any alcoholic beverages – specifically, beer, cider or wine – with an alcohol content of 4% or more to minors. This included both beer sold in bars and grocery stores. Consumers could purchase fortified wines and liquors with an alcohol content greater than 14% if they were 18 years of age, while hard liquor was reserved for those 21 and older. Restrictions on the purchase of alcoholic beverages by individuals under the age of 21 did not come until 1985. The 126th General Assembly of the state of Arkansas enacted legislation that, effective May 1, 1985, increased the legal drinking age to 21. Six years later, the mandatory minimum drinking age was pushed even further back. In 1991, the Arkansas State Legislature lowered the minimum legal drinking age to 18 years for customers of establishments that hold a private club permit. The change allowed customers who are 18 and older to purchase and consume beer of low or high gravity and wine of light, semisweet or sweet qualities if they become members of the club and the establishment limits their service to wine and malt beverages. However, customers who are 18 years old still cannot purchase and consume fortified wine or nonbeer malt beverage in private establishments under the current laws of Arkansas. Like most laws, this one has also undergone a variety of changes over the years. In 1983, the U.S. Secretary of Transportation shall withhold, with respect to fiscal year 1983, 5 percent of the Federal-aid highway funds apportioned to Arkansas. As of October 1, 1985, and for each fiscal year thereafter, that withholding will increase to 10 percent until each state has adopted and implemented a law prohibiting the purchase and public possession or consumption of any alcoholic beverages by a person who is under 21 years of age, except for certain exemptions, including religious ceremonies, alleys, sidewalks and businesses. The current legal drinking age in Arkansas is 21. Since the laws also prohibit the purchase and public possession or consumption of any alcoholic beverages by a person who 18 or 19 years old, this means that the laws discourage at least a segment of youth from accessing alcoholic beverages. While these laws and regulations do not guarantee that underage persons will be prevented from consuming alcoholic beverages, they do provide a basis for law enforcement officers when it comes to the possession and sale of alcohol in restaurants, bars, clubs and other places where alcohol is served.
Arkansas versus Other States on the Drinking Age
Compared to many other states, Arkansas does not have any variance in the legal drinking age on different types of alcohol. In fact, in most states, there is no difference in drinking age depending on what type of beverage someone is consuming. In a few of the neighboring states, there is one difference in drinking ages and as you would expect, the higher age applies. For example, in Louisiana, you have to be 18 to drink beer and wine and 21 to drink liquor. In Tennessee , you also have the higher age but then there is a 21 and older for wine and liquor. Missouri has no variance depending on type of beverage.
Arkansas does allow another exception to the minimum legal drinking age under the supervision of a parent, guardian, spouse or relative (assuming parent is defined reasonably). Seven other states grant this same exception and Arkansas is not alone in waiting until 21 to make all alcohol age 21. Only 15 other states come in under that number with the minimum being 19 in Minnesota and only Iowa and the Virgin Islands at 18.
How the Legal Drinking Age Affects Arkansas’ Society
The setting of a minimum legal drinking age has broader implications for the local community beyond the immediate issue of alcohol accessibility. From an economic perspective, businesses that benefit from sales to young people, such as entertainment venues or retail alcohol outlets, may have to modify their offerings or operational parameters to adapt to the alcohol buying restrictions. It can be said that these restrictions adversely impact some businesses in particular, depending on their target demographic and the content of their product offerings. However, this may create opportunities for new business ventures that provide social alternatives to young people and families. From a social standpoint, the appeal of alcohol can be a double-edged sword. On the one hand, the restriction on access to alcohol for those under the legal drinking age can push them further into the embrace of alcohol; in other words, making it a forbidden fruit, makes it more desirable. Conversely, the existence of legal restrictions on alcohol usage among young populations de-stigmatizes alcohol, making it less appealing. When assessed from an economic, social and public health standpoint, it is reasonable to posit that a higher legal drinking age is beneficial to the state and to society at large. The adverse consequences of drinking-related accidents, health care costs, and adverse social outcomes that happen during the early 20s lends credibility to this argument in the view of many public health interests.
Professional Legal Guidance for Parents and Adolescents
It’s crucial for both parents and teens to fully understand the laws and consequences surrounding underage drinking in Arkansas, as well as the various exceptions to the drinking age. Consider the following legal advice before deciding how to handle any drinking that may occur during your teen’s high school years.
Parents should be honest with their children when it comes to consumption of alcohol. While the drinking age is 21, parents should understand that many teens will have underage drinking experiences before that age anyway, and it is important that they have accurate information so that they are prepared for that moment in the future. Talk to your teens before they get to high school and have a candid discussion about the law, consequences of drinking and driving, and why drinking at an early age can be dangerous. It is important to instill the concept of respect of the law in your child, while not making them afraid to come to you if they are ever in trouble. It is also a good time to talk to them about drug use as well, in an open and honest way, without scaring them. Make them aware of the increasing number of states that are legalizing marijuana for recreational use and that even without it being legal in all states , drug use is still a significant risk for teens. Many new synthetic drugs are available now as well which are even more dangerous. Keep the lines of communication open between you and your children. Encourage them to discuss anything with you if they are ever uncomfortable in a situation or feel threatened in any way.
For parents who will be allowing their teens to drink at home, make it clear that only a small amount of alcohol will be tolerated, and that you expect them to remain in your home at all times. Also make sure that they understand they will be held legally responsible for their guests’ actions if any are in your home and break the law with underage drinking.
Teens and parents should only walk the fine line of allowing drinking if they understand the potential criminal consequences of not abiding by the law. If your child is subpoenaed to appear for an alcohol related issue, he/she must appear. If this happens, try to get a lawyer because trying to get out of a situation without a lawyer will often end up in a bad result.
Education is key. Continually emphasize the importance of the law in your household, and work toward helping your child understanding the reasoning behind it, as opposed to simply forbidding it.