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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.
Penalties For An Open Container
Possession of Open Container is a class 2 misdemeanor, punishable by the following maximum penalties:
- 4 months in jail
- $750 fine (plus an 83% surcharge)
- 2 years of probation
Why You Should Hire The Glazer Law Office, PLLC
The Glazer Law Office, PLLC can effectively evaluate the circumstances surrounding your case to create a solid defense that will help you achieve the least severe sentence possible.
Take the time to meet with us and discuss your case. We offer free case consultations to inform you of your options and put your mind at ease.
The Glazer Law Office, PLLC