Open Container Law in Arizona
How Arizona law treats open container in a car: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: It is illegal for any person — driver or passenger — to drink alcohol while driving or in the passenger compartment, or to have an open container of spirituous liquor in the passenger compartment, of a motor vehicle on a public highway or its right-of-way. A.R.S. § 4-251; A.R.S. §§ 13-702(D), 13-707
| Open container in a car | It is illegal for any person — driver or passenger — to drink alcohol while driving or in the passenger compartment, or to have an open container of spirituous liquor in the passenger compartment, of a motor vehicle on a public highway or its right-of-way. The passenger compartment includes unlocked glove boxes but not the trunk, a locked glove box, or the area behind the last upright seat of a vehicle with no trunk. Passengers in a bus, limousine, taxi or rideshare vehicle in service, and in the living quarters of a motor home, are exempt. A violation is a class 2 misdemeanor (up to 4 months in jail and a $750 fine). |
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FAQ
What is the open container law in Arizona?
It is illegal for any person — driver or passenger — to drink alcohol while driving or in the passenger compartment, or to have an open container of spirituous liquor in the passenger compartment, of a motor vehicle on a public highway or its right-of-way. The passenger compartment includes unlocked glove boxes but not the trunk, a locked glove box, or the area behind the last upright seat of a vehicle with no trunk. Passengers in a bus, limousine, taxi or rideshare vehicle in service, and in the living quarters of a motor home, are exempt. A violation is a class 2 misdemeanor (up to 4 months in jail and a $750 fine).
Can I get a court-appointed lawyer for open container in a car in Arizona?
Arizona's rule on court-appointed lawyers: County public defenders, on court order, represent a person who is entitled to counsel as a matter of law and who is not financially able to employ counsel, in offenses triable in superior court or justice court and other listed proceedings. Representation by the public defender or court-appointed counsel is provided without expense to the defendant, and the court may not impose an indigent administrative assessment or order reimbursement to the county for legal services. A.R.S. § 11-584
How much does a lawyer for open container in a car cost in Arizona?
Lawyers set their own fees, and Arizona has rules on how they may charge. See hiring a criminal defense lawyer in Arizona for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for open container in a car in Arizona?
How release before trial works in Arizona: All persons charged with crime are bailable except: for capital offenses, sexual assault, or sexual conduct with or molestation of a child under fifteen, when the proof is evident or the presumption great; for felonies committed while on bail for a separate felony; for felonies where the person poses a threat to others or the community and no release conditions can adequately assure safety; and for serious felonies by a person who entered or remained in the United States illegally. Bail and release conditions are meant to assure appearance, protect against witness intimidation, and protect the victim and community. At the initial appearance, a judicial officer orders a person charged with a bailable offense released pending trial on his or her own recognizance or on bail. The officer considers factors including the victim's views, the nature of the offense, prior serious or violent offenses, danger to the community, the weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, record and history of court appearances. Conditions can include supervision by a designated person, travel or contact restrictions, a cash deposit, weapons/alcohol/drug bans and reporting; electronic monitoring and no-contact orders are mandatory for certain sexual and domestic-violence felonies. Ariz. Const. art. 2, § 22; A.R.S. § 13-3967 What happens after an arrest.
Can a conviction for open container in a car be removed from my record in Arizona?
Each state sets its own rules for sealing or expunging records. See Arizona expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.