Conway, AR asked in DUI / DWI and Juvenile Law for Arkansas

Q: Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?

I am a college student and I am appealing a sanction put on me because I currently have a wine bottle filled with Christmas lights that I received as a gift. The violation is a "Violation of the Alcohol Policy." I reviewed the Student Handbook for my university and there are only two things that are said in the "Alcohol Policy."

1.) Students are not allowed to consume alcohol on campus.

2.) Students must follow Arkansas Law in regards to alcohol.

Obviously my possession of a decorative bottle does not justify a claim of alcohol consumption as per their policy as there is nothing said about "evidence of consumption." So, the only other thing that I could have done wrong was if there is was a law in Arkansas about me owning an empty, decorative wine bottle that I am in violation of.

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1 Lawyer Answer
W. Whitfield Hyman
W. Whitfield Hyman
  • Criminal Law Lawyer
  • Fayetteville, AR
  • Licensed in Arkansas

A: It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious.

They might have entered your dorm room illegally in violation of the 4th Amendment even if they asked your permission to enter and you gave it. If so, they shouldn't be able to punish.

Call me if you have any questions.

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