Category Archives: Possession & Public Intoxication

Arkansas Public Intoxication Laws

Public Intoxication

Someone commits the offense of public intoxication if they appear in a public place under the influence of alcohol or a controlled substance causing the following;

  • The person is likely to endanger himself or herself or another person or property; or
  • The person unreasonably annoys a person in his or her vicinity

Arkansas courts have decided that admitting to drinking two beverages at a private location combined with an officer testimony was enough evidence. If the officer witnessed any of the; “smell of alcohol; watery eyes, blurry, and glassy; and behavior” there is sufficient evidence to support a charge of public intoxication. Continue reading

Arkansas Possession Laws

What is a Controlled Substance in Arkansas?

A controlled substance is a drug falling in the unlicensed spectrum, which can affect or harm a person health and future wellbeing. The classification of controlled substances in Arkansas is divided up into six schedules that are arranged by their dependency of abuse, addictiveness, and possible medical use. The Arkansas State Board of Health determines what substances are considered a Controlled Substance. The Arkansas Department of Health (ADH) recognize historical patterns of abuse, current scientific evidence, federal laws, public health and the risk for individuals to become dependent. Continue reading

Public Intoxication Legal Terms

Public intoxication:  A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:

(1) The person is likely to endanger himself or herself or another person or property; or

(2) The person unreasonably annoys a person in his or her vicinity.

Public place:  “Public place” means a publicly or privately owned place to which the public or a substantial number of

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Drug & Alcohol Possession – Legal Terms to Know

Criminal possession: The unlawful possession of certain prohibited articles, such as illegal drugs or drug paraphernalia, firearms, or stolen property.

Constructive possession:  or dominion over a property without actual possession or custody of it. — Also termed effective possession.

Joint Possession:  Possession shared by two or more persons.

Simple possession: The possession of a controlled substance with no aggravating circumstances such as intent to sell.

Probable cause: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.  Under the Fourth Amendment, probable cause — which amounts to more than a bare suspicion but less than evidence that would justify a conviction — must be shown before an arrest warrant or search warrant may be issued. Continue reading