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What are the open container laws in Arizona?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Arizona criminalizes open container in vehicles as a Class 2 misdemeanor — a more serious classification than most states — but courts typically impose a small fine and no jail.

1. Statutory Rule — ARS § 4-251(A)

  • A person shall not transport or possess any spirituous liquor in a container that has been opened, has a broken seal, or upon which the contents have been partially removed in the passenger compartment of a motor vehicle on a public highway or right-of-way.

    • 2. Penalty

  • Class 2 misdemeanor — up to 4 months jail, fine up to $750, up to 2 years probation.
  • Practically: most first-offense convictions result in a fine of $200–$500 with no jail.
  • Conviction stays on criminal record; expungement (set-aside under ARS § 13-905) possible after sentence completion.

    • 3. Definitions

  • "Passenger compartment" includes the seating area; excludes the trunk and the area behind the rearmost upright seat of a vehicle without a trunk.
  • "Spirituous liquor" under Title 4 includes any liquid containing more than 0.5% alcohol by volume — beer, wine, and spirits all qualify.

    • 4. Exemptions — ARS § 4-251(B)

  • Living quarters of a motorhome or mobile home.
  • Passenger in the passenger compartment of a bus, limousine, or taxicab with a hired driver.

    • 5. Driver and Passenger Both Liable

    The statute applies to any person possessing — driver or passenger.

    6. Public Consumption

  • ARS § 4-244(20) generally prohibits consuming spirituous liquor in a public place except where authorized.
  • Phoenix, Tucson, Scottsdale, and Tempe ordinances ban public drinking with fines $250–$500.
  • Mill Avenue (Tempe) and Old Town Scottsdale have limited "special event" exceptions but no permanent open-container zone.

    • 7. Tribal Lands

    Arizona has 22 federally recognized tribes; each has its own alcohol code on tribal land. Several tribes (Navajo Nation, Hopi) prohibit alcohol entirely on reservation roads.

    8. Concealed in Glove Box

    A locked glove compartment is not explicitly exempted — Arizona prosecutors have argued that any accessible container in the passenger area counts.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • Ariz. Rev. Stat. § 4-251
    • Ariz. Rev. Stat. § 4-244
    • Ariz. Rev. Stat. § 13-905

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.