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Posted on April 4, 2025 in DUI
Having an open container of alcohol in your vehicle could result in criminal charges, even if you are not intoxicated. You might not think too much about an open container if you are not the one drinking. However, Arizona’s strict open container laws could result in serious legal trouble for you.
Arizona Revised Statute §4-251 defines the state’s open container laws. The statute makes it illegal to:
A “public highway” is defined within the statute. It includes the main driving lanes and the shoulders, rights-of-way, and medians adjacent to the main driving lanes. Drivers and passengers must comply with open container laws.
An open container is typically a jar, bottle, can, or other vessel that has been opened, the seal has been broken, or some of the contents have been removed. The open container law applies to all types of alcoholic beverages, including wine, beer, and spirits.
The statute makes exceptions for certain passengers traveling in specific types of vehicles. There is an exception for passengers riding in the living quarters of a motor home. There is also an exception for passengers riding in taxis, buses, transportation network vehicles (i.e., rideshares), and limousines. Provided the person is of legal age, the open container law does not apply to them.
The offense may take place in a vehicle, but a charge of having an open container is much more than a traffic offense. Open container violations are classified as Class 2 misdemeanors. You could face one or more criminal penalties if you are convicted of violating the open container law. The penalties for being arrested with an open container include:
The court often orders community service and/or probation instead of jail time for first offenders. Probation could last up to two years. However, you could be sentenced to jail for up to four months for a first offense. A second offense within two years could result in up to six months in jail and a maximum fine of $2,500.
Collateral consequences from an open container conviction include a criminal record. A criminal record could negatively impact many aspects of your life, including employment and living arrangements. An open container conviction does not result in points on your driving record. However, the criminal charges could impact insurance rates.
An experienced Phoenix open container attorney can help you develop a defense strategy based on the factors and evidence in your case. Potential defenses to open container charges include:
It can be a valid defense if you were a passenger with an open container while riding in a taxi, limo, motor home, or rideshare vehicle. You must be within the passenger compartment of a motor home or limo for the exception to apply.
A common defense in these cases is that the open container was not in the passenger compartment. For example, you placed a bottle of wine you had at dinner in the trunk of your vehicle. The seal on the wine bottle has been broken, and you had a glass or two at dinner. However, the bottle is not accessible to anyone in the passenger compartment.
Suppose another person left the open container in your vehicle. You might be able to argue that the open container was not your container, and you were unaware your passenger left the container when they exited your vehicle. It may also be a defense if the open container was placed in your vehicle without your knowledge.
If the police officers made a traffic stop and/or search without reasonable suspicion or probable cause, they may have made an unlawful stop or search. The court may find that the unlawful conduct makes any evidence seized inadmissible in court.
If you are facing charges related to Arizona’s open container laws, it is crucial to seek legal representation as soon as possible. An experienced Phoenix criminal defense lawyer. An attorney can assist clients in fighting criminal charges and negotiating fair plea bargains when going to trial is not in their best interests. A knowledgeable attorney can help you understand the specific details of your case, identify possible defenses, and work toward a favorable outcome. Don’t risk the potential consequences of a conviction—contact an experienced Phoenix defense lawyer to protect your rights.
For more information, contact the dui attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
