Driving while intoxicated is considered a serious offense in Arkansas, but when you add an open container to the mix, things can get even more complicated. The presence of an open bottle in your car during a DWI arrest can significantly impact your case. Understanding the interplay between open container laws and DWI charges is crucial for anyone facing such a situation in Arkansas.
What are Arkansas’s open container laws?
In Arkansas, the law prohibits the possession of open containers of alcohol in motor vehicles. According to the Arkansas Code:
- Any driver should not possess an open bottle of any alcoholic beverage situated in the passenger area of a motor vehicle along a public highway or right-of-way
- This applies to both drivers and passengers
- Exceptions include the storage area, trunk, or living quarters of a house coach or house trailer
Violating this law is a Class C misdemeanor, and your punishment could be a jail sentence of up to 30 days plus a fine of up to $500. However, if the police accuse you of driving while intoxicated, the consequences can become more severe.
How can an open container affect your DWI case?
Having an open container violation when you get stopped by police can impact your DWI case in several ways. It:
- Shows possible evidence showing that you drank alcohol
- May lead to harsher penalties
- Can make plea deals harder
An open container can strengthen the prosecution’s case and lead to harsher sentencing. Under the Arkansas Code, DWI penalties get worse with each new offense. Extra violations like an open container can make this worse.
What should you do if charged with DWI and an open container?
Facing DWI and open container charges in Arkansas can be quite a heavy and stressful burden. These offenses can lead to serious consequences, including license suspension, fines, and potential jail time. You need a strong defense strategy to increase your chances of coming out of any issues. No two cases are alike, and the specific circumstances surrounding your arrest greatly influence the outcome. Seek legal counsel to understand your rights, explore possible defenses, and work towards the best possible outcome for your situation.
