Arizona Open Container Law (2026): Possession and Drinking Both Banned

Arizona bans both possessing an open alcohol container and drinking alcohol in the passenger compartment of a vehicle located on a public highway or its right-of-way, for the driver and every passenger, under A.R.S. § 4-251. The rule reaches an unlocked glove compartment but not the trunk or a locked one. This reflects the statute's text as of September 2026.

Jurisdiction scope: This page covers Arizona state law only, specifically A.R.S. § 4-251. It does not cover local municipal ordinances or Arizona's separate DUI statutes.

What Arizona's open container law bans

Arizona's rule covers more ground than many neighboring states: it bans both possessing an open container and drinking alcohol in the passenger compartment of a vehicle located on a public highway or right-of-way of a public highway in this state, and both bans apply to the driver and to every passenger, not just the driver. The "passenger compartment" is defined broadly. It reaches an unlocked glove compartment and any unlocked portable device within the immediate reach of the driver or a passenger. It does not reach the trunk, a locked glove compartment, or, in a vehicle with no trunk, the area behind the last upright seat.

That distinction matters in practice: sliding an open container into an unlocked glove compartment does not make it legal under Arizona law, while locking that same compartment, or putting the container in the trunk, does.

Exemptions: for-hire vehicles and RVs

Two categories of passengers, not drivers, fall outside the ban:

• A passenger riding in a bus, limousine, taxi, or a vehicle that is being used to provide transportation network company (TNC) services, such as a rideshare trip in progress. The carve-out does not cover the same vehicle when its driver is off the clock.
• A passenger in the living quarters of a motor home.

The driver of any of these vehicles remains bound by the general possession-and-consumption ban.

Penalty for an open container violation in Arizona

A violation is a Class 2 misdemeanor. Arizona's open container statute does not itself set the punishment; that comes from the state's general sentencing statutes. A Class 2 misdemeanor carries up to 4 months in jail under A.R.S. 13-707(A)(2) and a fine of up to $750, fixed by the court, under A.R.S. 13-802(B). Those are maximums; the court handling the case sets the actual sentence.

How Arizona's law fits the federal open container framework

Federal law, 23 CFR 1270.4, requires a state's open container law to ban both possession and consumption for every vehicle occupant to count as compliant for federal highway-funding purposes. Arizona's statute does both. Arizona does not appear on FHWA's current list of non-conforming states: the agency's fiscal year 2026 apportionment notice names twelve states whose laws fall short of that standard, and Arizona is not one of them, though this reflects the absence of Arizona from that published list rather than a separate, official per-state federal certification.

Disclaimer: This article provides general legal information about Arizona's open container law as of September 2026. It is not legal advice. Consult a lawyer licensed in Arizona for advice about a specific situation.

Related reading: open container laws by state, Arizona DUI laws, and Arizona window tint laws.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

Can passengers drink alcohol in a car in Arizona?

No. Arizona bans both possessing an open container and drinking alcohol in the passenger compartment of a vehicle located on a public highway or its right-of-way, and that ban applies to every passenger as well as the driver, unless the passenger is riding in an exempt vehicle type.

Is a locked glove compartment exempt from Arizona's open container law?

Yes. Arizona's passenger compartment definition excludes a locked glove compartment, along with the trunk and, in a vehicle with no trunk, the area behind the last upright seat. An unlocked glove compartment does not qualify for the exemption.

Does Arizona's open container law apply to Uber and Lyft passengers?

Passengers riding in a bus, limousine, taxi, or a vehicle that is actively providing transportation network company (TNC) services are exempt from the passenger-compartment rule. The driver of any of these vehicles is still bound by the general ban.

What is the penalty for an open container violation in Arizona?

A violation is a Class 2 misdemeanor. Under Arizona's general sentencing statutes, rather than the open container statute itself, that carries up to 4 months in jail and a fine of up to $750, with the court setting the actual sentence.