Open Container Laws in Arizona
A person in violation of the open container law in Arizona will be charged with a Class 2 misdemeanor, fined $750, and given four months of jail time.
Written by Tiffany Leung
Reviewed by Kathleen Flear
If you are found to have an open container of alcohol in your passenger area in Arizona, you will be charged with a Class 2 misdemeanor and could face additional penalties, including up to $750 in fines and a maximum of four months in jail.
Open container laws are different in each state, and the penalties vary drastically. It is important to know the differences in the law to avoid being served with hefty fines and jail time.
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What is the open container law in Arizona?
Section 4-251
of the Arizona Revised Statutes states that it is unlawful for a person to possess an open container of alcohol in the passenger compartment of the car while on any public roadway. According to this section, containers with a broken seal are considered open.You will be charged with an open container law violation and Class 2 misdemeanor if any open alcoholic beverages are present in the passenger area of the car in Arizona, regardless of how sober you are or who it belongs to.
If you want to transport alcoholic beverages, they should be kept sealed or stored in the trunk, locked in the glove compartment, or kept in the area behind the last upright seat.
What counts as an open container?
According to Arizona law, any container, bottle, or jar containing alcohol that has its seal opened, broken, or the contents have been partially removed is considered to be open.
For example, a half-empty bottle of whisky would be considered open and you would be charged if you had it in the passenger compartment of your car. However, a completely sealed can of beer would be fine in the car as long as the driver can’t access it.
MORE:
Arizona DUI laws
Exceptions to Arizona’s open container law
There are a few exceptions to Arizona’s open container law. You are allowed to have an open container of alcohol in the following locations:
- Bus
- Limousine
- Transportation network company vehicle
- Motorhome living quarters
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Penalties for violating Arizona’s open container law
If you violate an open container law without violating other laws in Arizona, you’ll be charged with a Class 2 misdemeanor. The penalties include a fine of up to $750 and a maximum of four months of jail time.
If you are also intoxicated at the time of the offense, you will be asked to take a breathalyzer test. Your license will be suspended immediately if your breath alcohol test result is .08 or higher.
To obtain a restricted permit or reinstate your driver’s license, you are required to complete an alcohol or drug screening
Regardless of if you also got a DUI conviction, an open container law violation will significantly increase your insurance premiums. Be familiar with the law to avoid getting in trouble.
Key Takeaway Having an open container of alcohol in your car’s passenger compartment could lead to a $750 fine and four months in jail.
How to save money on car insurance in Arizona
If your insurance premiums do go up from an open container violation,
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Who gets the ticket for an open container in Arizona?
You and your passenger can both be found guilty of violating the open container law while driving on Arizona roads.
What happens if you deny a breathalyzer in Arizona?
Your license could be suspended from refusing to take a breathalyzer test in Arizona.
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