Open Container Laws in Arizona: What Tempe Drivers Should Know

Ted Law | Tempe Criminal Defense Attorney
Call (602) 453-3100 for a Free Consultation

Arizona enforces strict laws to discourage drinking and driving—even if you’re not intoxicated. One way the state tackles this issue is with open container laws, which prohibit having any open or partially consumed alcoholic beverages in a vehicle’s passenger area. Below is what every driver and passenger in Tempe should know about these laws, their penalties, and how to protect your rights if you’re charged.

1. Definition of an Alcoholic Beverage in Arizona

Arizona considers any drink with 0.5% alcohol or higher an alcoholic beverage. This generally includes:

• Beer, Wine, and Distilled Spirits
• Mixed Drinks
• Hard Seltzers and Malt Beverages

Non-alcoholic mixers and certain “near beers” typically have less than 0.5% alcohol, so they are not regulated under these laws. However, if in doubt, it’s better to play it safe and keep any questionable beverages sealed or stored out of reach.

2. Understanding Arizona’s Open Container Laws

Under Arizona law, an “open container” is any bottle, can, cup, or other receptacle containing alcohol with:

• A broken seal, OR
• A portion missing, OR
• Alcohol poured into a glass or cup.

Having an open container in the passenger area of a car—whether it’s the driver or passenger in possession—is illegal. This includes:

• Open containers in cup holders
• Partially consumed bottles of wine or liquor in the front seat
• Beer cans with any missing contents

Takeout or Leftover Alcohol: If you take home a partially consumed bottle of wine from a restaurant, ensure the cork is flush with the bottleneck or place it in the trunk to comply with Arizona law.

3. Penalties for Violating Open Container Laws

Violating open container statutes in Arizona is a Class 2 Misdemeanor. If convicted, you may face:

• Up to 4 months in jail
• Fines up to $750
• A permanent misdemeanor record impacting jobs, housing, etc.

You could still be charged even if you weren’t drinking from the container or weren’t impaired.

4. Open Container Violations and DUI

If an officer spots an open container in your vehicle, they may:

1. Question You Further: e.g., administering field sobriety tests or a breathalyzer.
2. Charge You with DUI: If you fail these tests or blow over the legal limit (0.08% BAC for most drivers).

Therefore, an open container charge can often go hand-in-hand with DUI allegations.

5. Exceptions to the Open Container Law

Certain circumstances allow for open containers:

1. Trunk or Cargo Space
   If the open container is kept in the trunk or behind the last row of seating (where passengers can’t reach), it’s typically lawful.
2. Hired Vehicles
   Passengers in taxis, Uber/Lyft, tour buses, or limousines may have and consume open containers.
3. Motor Homes or RVs
   Passengers in the living area may store or drink alcohol if it’s kept away from the driver’s compartment.

Note: Drivers must still refrain from operating these vehicles while impaired.

6. Why You Should Consult a Tempe Attorney

If you’ve been charged with possessing an open container—or face additional DUI allegations—seek legal counsel promptly. A conviction can lead to steep fines, potential jail time, and a permanent criminal record. An experienced Tempe criminal defense lawyer can:

• Examine the Traffic Stop: Were your rights violated during the search or seizure?
• Challenge Evidence: Ensure no illegal actions by law enforcement compromised the case.
• Negotiate or Advocate: Attempt to reduce or dismiss charges, or provide strong representation in court.

Contact Ted Law in Tempe for a Free Consultation

Facing an open container charge doesn’t mean automatic conviction. With the right legal strategy, you could minimize the impact or even get the charges dismissed. Call (602) 453-3100 or reach out online to schedule a free, confidential consultation. We’re here to protect your rights, explain your options, and guide you toward the best possible outcome.