What is Legal & What is Not

Arizona’s open container regulation means you will get arrested with out being intoxicated. And in sure conditions, it’s completely authorized to drink whereas inside a automobile.

Open containers of alcohol beneath the regulation, Arizona Revised Statute §4.251, is the muse of a category 2 misdemeanor and, if convicted, begins the lengthy attain of a prison report. An individual convicted of an open container faces a effective of as much as $750, potential jail time and probation, relying upon the seriousness of the offense.

Arizona’s open container regulation conforms to the necessities inspired beneath a federal program and all however 14 states comply with it.

The regulation states consuming a spirituous liquor or possessing it whereas working a automobile or as a passenger whereas on a public highway. So ingesting on a golf cart shouldn’t be a violation as a result of it’s on golf course pavement. This regulation, although, fails to outline what a minimal quantity of an alcoholic beverage is. So, any quantity, even droplets, will be unlawful.

An open container is outlined in Arizona regulation as a beverage that has a damaged seal, and a portion of the contents have been eliminated. And the famed ‘crimson cup’ qualifies, too.

The statute additionally defines what a container is and what qualifies as “open.” A container means any bottle, can, jar, or a container and beneath Arizona Revised Statute §4-244 the definition expands that to containers from a licensed bar, beer, and wine bar, retailer, microbrewery or restaurant.

For instance, a steak dinner with left-over crimson wine in a bottle to take dwelling. The bottle, nevertheless, have to be sealed in a roundabout way, reminiscent of reinstalling the cork, so it’s flush with the bottleneck or some safe gadget.

A delegated driver who has passengers with open containers will be charged.

Exceptions to Arizona’s Open Container Legislation

It’s completely effective to journey with an open container if it’s within the automobile’s trunk out of attain by the motive force and passengers. For autos that don’t have a trunk, reminiscent of SUVs, the open container could also be positioned behind the final row of seating. A locked glove compartment shouldn’t be thought-about as a passenger compartment, however one that’s unlocked is.

The legislature discovered it becoming to make exceptions to the open container regulation. So passengers in tour buses, limousines, and taxis might indulge with out penalty. And so might these in motorhomes so long as the open container is within the dwelling space. Passengers on watercraft might drink however not the individual working the boat.

The legislature not too long ago added an exception for autos which are a part of a “Transportation Community Firm,” reminiscent of Uber and Lyft. These passengers might drink in route.

Alcoholic Drinks Outlined in Arizona Legislation

An alcoholic beverage is a beer, wine, malt beverage, distilled spirits, and combined drinks – something that has 0.5 p.c or extra alcohol. Non-alcoholic beers and mixes are authorized, however some so-called non-alcoholic beers might comprise a hint of alcohol that reaches the 0.5 p.c baseline.

Open Containers in Public Locations

Open beer containers are allowed in parks and sure public locations, however a number of restrictions apply, and a allow is required. The allow isn’t assured a reservation for area. In Phoenix, AZ, a allow to have beer at a gathering in a public park is $28 a day allow payment. Glass containers can’t be used. For occasions with greater than 50 folks, a Particular Exercise Request is critical.

For different cities within the Valley of the Solar, it’s finest to verify with them for charges and guidelines.

Open containers are forbidden in parking heaps, band shells, sidewalks, faculty property, on steps on a hallway of residence buildings and areas the place kids play. Stadiums permit open containers on sport day tailgating events.

What to do on the Visitors Cease

Visitors officers stopping a driver on suspicion of a DUI will add the open container cost in the event that they see it. The officer might use the sighting as a cause to go looking the automobile, which may result in even one other offense, maybe discovering medication within the automobile.

It’s advisable to say no to reply an officer’s questions, however accomplish that politely and invoke your Fifth Modification proper to stay silent. Our structure protects us from incriminating ourselves. Police know this, too, however they might proceed to ask questions. Simply inform them that you simply wish to be represented by an lawyer and to have the lawyer current throughout interrogation.

That is essential as a result of something you say shall be used towards you, so declining to reply questions is your first line of protection.

Find the open container within the passenger space, the officer might conclude that you simply have been ingesting and ask you to undergo a breathalyzer check.

Open Container Defenses

The state should show its case past an affordable doubt. It’s the DUI Protection Legal professional’s job to determine cheap doubt.

A number of defenses can be found to these arrested for an open container, however the circumstances dictate the most effective protection to make use of.

The visitors officer didn’t have possible trigger or cheap suspicion to make the visitors cease, which is a violation of civil rights.

The open container was discovered throughout an unlawful search of the automobile.

The open container didn’t belong to you, so that you didn’t possess it. Passersby typically do throw their open containers into pickup beds and open automobile home windows, so be sure you don’t go away fingerprints on the container while you found it.

Taking empty beer bottles to a recycling place generally is a protection, nevertheless it’s finest to move them, so they aren’t inside your attain to keep away from possession.

The target is to have the cost dismissed or to get it lowered, which requires an aggressive probe of the state’s proof to search out flaws.

Free Authorized Recommendation

An open container could seem trivial offense, however a category 2 misdemeanor conviction is a severe crime bearing penalties that may complicate your life requiring the efforts of an skilled open container protection lawyer.

I present a free authorized case session over the cellphone 24/7 with none obligation to rent me to defend you. I’ll consider your model of the case, reply your questions, and advise you of the potential choices.

Contact Phoenix DUI Protection Legal professional Aaron Black or name (480) 729-1683, and I’ll reply promptly except I’m in courtroom.

I present customized service and defend instances in all the town, state, and federal courts in Arizona.