Arizona Open Container Laws and You

(Last Updated On: October 16, 2018)

Arizona Open Container Laws and Consequences

Almost every state has laws against driving with an open container of an alcoholic beverage in a vehicle.

In a minority of states, passengers can have an open container, but drivers can’t consume or possess an alcoholic beverage while driving.

The elements of Arizona open container laws and the consequences for a charge vary by state, so it’s crucial for someone to contact an Arizona DUI lawyer following an open container violation in Arizona.


Common Definitions

A motor vehicle is considered any vehicle that utilizes mechanical power and is designed for use on public highways.

This definition doesn’t extend to vehicles exclusively operated on rails. An open container refers to any bottle, can, jar, or receptacle with spirituous liquor that has been opened.

This means that either the seal has been broken or a portion of its contents is removed.

The passenger compartment refers to the area of a motor vehicle designed to seat the driver and other passengers. This includes the area in the passenger glove box and any unlocked portable devices within reach.


Passenger and Driver Laws

According to Arizona law, neither the driver nor the passengers can consume liquor while riding in a motor vehicle on any public highway or right-of-way of a public highway in the state.

In addition, it is illegal for anyone in the passenger compartment to have an open container of alcohol while the car is on a public highway or right-of-way of a public highway in the state.

Violating these open container laws can result in a class two misdemeanor charge.


Are there Exceptions?

The open container laws don’t apply to people traveling in buses, limousines, or taxis.

In addition, people who use motor homes as places of residence are exempt from the same open container restrictions.

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