Arizona Open Container Laws Explained: What Every Driver Should Know

Traffic stops in Arizona often start for minor reasons like speeding, rolling a stop sign, or a broken taillight. But if law enforcement discovers alcohol in your vehicle, that routine stop can quickly escalate. Understanding Arizona’s open container laws can help you avoid additional charges and protect your rights.

What Is an Open Container Under Arizona Law?

An open container generally refers to any bottle, can, or other receptacle containing alcohol that has been opened, had the seal broken, or has had some of its contents removed.
Common examples include:

• An open beer can or bottle
• A wine bottle with the cork removed or screw top opened
• A liquor bottle that has been partially consumed

Even if the container is not currently being consumed, it may still qualify as an open container under Arizona law.

Accessibility Is the Key Factor

One of the most important elements of an open container charge is accessibility. Law enforcement will look at whether the driver or passengers could reasonably reach the alcohol while inside the vehicle.

Examples of accessible areas include:

• The driver’s seat area
• The passenger seat
• The center console
• Cup holders or floorboards

If the alcohol is within arm’s reach, officers may consider it accessible and issue a citation.

Where Should Alcohol Be Stored?

If you legally purchased alcohol such as leftover wine from a restaurant, the safest practice is to store it somewhere inaccessible to the driver and passengers.

Best practices include:

• Placing alcohol in the trunk
• Storing it in a locked container
• Keeping it in the far rear of an SUV or hatchback, where it cannot be reached from the cabin

While this does not guarantee you will avoid a citation, it provides a strong defense by showing you did not have access to the alcohol while driving.

How Open Container Charges Lead to DUI Investigations

Open container violations frequently lead to DUI investigations. In practice, officers often treat the presence of an open container as grounds to investigate whether the driver is impaired.

This may include:

• Field sobriety tests
• Breath or blood testing
• Additional questioning about alcohol consumption

Even if you are not impaired, an open container can significantly increase the risk of being arrested or charged with a DUI.

Common Situations That Trigger Open Container Charges

At R&R Law Group, we often see open container charges arise from:

• Speeding stops
• Reckless driving allegations
• Rolling stop signs or traffic violations
• DUI checkpoints or investigations

What begins as a minor traffic infraction can quickly become a more serious criminal matter.

What To Do If You Are Charged with an Open Container or DUI

If you are cited or arrested for an open container violation or if it leads to a DUI charge, it is important to speak with a criminal defense attorney as soon as possible. These cases can often be challenged based on accessibility, improper searches, or the facts surrounding the traffic stop.

Speak With an Arizona Criminal Defense Attorney at R&R Law

If you are facing an open container charge or DUI in Arizona, R&R Law Group is here to help. Our team has experience handling traffic-related criminal cases and protecting our clients’ rights.

Contact R&R Law Group today to discuss your case and understand your legal options.

*This blog is for informational purposes only and does not constitute legal advice.