Open Container

In Arizona, it is illegal to possess an open container of alcohol in the passenger compartment of a motor vehicle. This charge applies whether the individual was the driver or the passenger, and it applies regardless of whether the individual was drinking from the container or not.

A “passenger compartment” is the area designed for seating, including an unlocked glove compartment and any unlocked portable container within reach. Thus, it is a defense to an open container charge if the open container of alcohol was in the trunk or a locked compartment.

It is also a defense if the individual’s vehicle was not on a public highway or right-of-way maintained by a governmental entity.

The prohibition against open containers does not apply to bus passengers, limousine passengers, or taxi cab passengers, nor does it apply to certain passengers in motor homes.