Opinion No.

The Honorable Dwayne Dobbins State Representative P.O. Box 5172 North Little Rock, Arkansas 72119-5172

Dear Representative Dobbins:

I am writing in response to your request for an opinion on the following question:

Can you be charged for public intoxication while you are in your yard/property?

RESPONSE

In my opinion, although you can be "charged" for public intoxication when in your own yard or on your own property, the question of whether the "charge" would be upheld in court will depend upon the facts surrounding the arrest. In my opinion it is unlikely such a charge would be upheld unless the…