Whether you’re taking a road trip to California for the holiday, driving up north to get away from the heat, or just headed to a friend’s house for a get-together, leave the ice chest in the trunk. Please do not bring that drink you made for yourself while getting ready, and tell any passengers in your vehicle to finish their drinks and dispose of them before you start the car.
Drinking alcohol in vehicles is not necessarily encouraged by the State of Arizona. In fact, in the majority of cases, it’s against the law. Aside from the possibility of the driver exposing themselves to a DUI investigation, passengers put themselves at risk for drinking inside a motor vehicle.
Arizona law, under ARS §4-251, dictates that it’s against the law to consume alcohol inside the passenger compartment of a motor vehicle while that vehicle is on a public highway or the right of way of a public highway. It’s also against the law to possess an open container of alcohol inside the passenger compartment of a motor vehicle that’s on a public highway or right of way of a public highway.
I’m sure you have a lot of questions regarding this law so let’s go over some of them.
“What does motor vehicle actually mean?”
Motor vehicle means any vehicle driven or drawn by mechanical power and designed primarily for use on public highways. This does not include a vehicle operated exclusively on rails.
“So, what is an open container?”
It’s a bottle, can, jar, or any container (such as a growler) that contains alcohol and has been opened, had its seal broken, or the contents have been partially removed.
“What designates the passenger compartment?”
It is the area of a motor vehicle designed for the seating of the driver and other passengers. This can include an unlocked glove box and any unlocked portable device within reach of the occupants. It does not include the trunk, locked glove box, or the area behind the last row of seats in a vehicle without a trunk.
“What constitutes a public highway?”
This means if the road, highway, freeway, throughway or street is being maintained by the federal government, this state, or a county, city, or town, and it’s open for public vehicular travel, then the entire width between and immediately adjacent to the boundary lines is included.
“Can I drink at all in a motor vehicle?”
Yes. The law doesn’t apply if you are a passenger in a bus, limo, taxi, or even an Uber or Lyft vehicle while on those trips. You can even drink in a motor home as long as you are seated behind the driver and not directly in the driver’s seat – basically within the living area of the motor home.
“So what happens if I get cited for open container or drinking alcohol inside a motor vehicle?”
Drinking in a motor vehicle or possessing an open container in a vehicle is a crime in Arizona. It’s a class 2 misdemeanor punishable with up to six months in jail, $750 plus surcharges, and two years of probation. The punishment could be increased if you have a similar ticket within the past two years.
The best way to avoid this unpleasant situation is to leave the drink at home and wait until you get to your destination. If you have any further questions or need assistance with a citation, please call Castillo Law, and we’ll be happy to discuss it with you.