What You Need to Know
Driving through Arizona with alcohol in your vehicle can quickly become a legal issue if you’re not aware of the state’s strict open container laws. Whether you’re a resident or just passing through, it’s critical to understand how Arizona law defines an “open container” and what it could mean for your record and driving privileges.
What Is an Open Container?
Arizona Revised Statutes §4-251 makes it unlawful for a person to possess an open container of alcohol in a motor vehicle that’s on a public highway or the right-of-way of a highway. The term “open container” refers to any bottle, can, or other receptacle that:
- Has been opened,
- Has a broken seal, or
- Has had some of the contents removed.
This law applies whether the driver or passenger is in possession of the container.
Where Can Alcohol Legally Be Stored in a Vehicle?
To avoid violating this statute, any open container of alcohol must be kept in an area of the vehicle that is not accessible to the driver or passengers. Acceptable storage locations include:
- The trunk of the vehicle
- A locked glove compartment
- Behind the last upright seat in a vehicle without a trunk (e.g., SUVs)
It’s also important to note that the law applies even if the container is technically closed but previously opened or partially consumed. A re-corked wine bottle on the front passenger seat can still lead to charges.
Penalties for Violating Arizona’s Open Container Law
In Arizona, having an open container is typically classified as a Class 2 misdemeanor. While it’s not as severe as a DUI, it’s still a criminal offense and can carry consequences such as:
- A fine of up to $750
- Up to 4 months in jail
- Points on your driving record
- A criminal conviction that may appear in background checks
For commercial drivers, or those already facing DUI-related charges, an open container violation can compound your legal situation.
Exceptions to the Law
Certain situations are exempt from Arizona’s open container regulations. For example:
- Limousines, buses, or motor homes may allow passengers to possess and consume alcohol, as long as the driver is not drinking and the vehicle is primarily used for transporting people for compensation.
- Locked containers or compartments specifically designed for storage may be used without violating the law.
How Rideout Law Group Can Help
An open container violation might seem minor, but it can create long-term complications—especially if you’re also facing DUI, drug charges, or are a commercial driver. At Rideout Law Group, our experienced attorneys in Scottsdale and Lake Havasu City have helped countless individuals navigate Arizona’s alcohol-related offenses with strategic defense and client-focused service.
We will assess whether the stop was legal, whether the container was truly “open” under the law, and fight for reduced penalties—or a case dismissal if your rights were violated.
If you’ve been cited or arrested under Arizona’s open container law, don’t wait to protect your record and your future.
📞 Call today for a confidential case review:
- Scottsdale: (480) 584-3328
- Lake Havasu: (928) 854-8181