4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions
A. It is unlawful for any person to:
1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.
2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.
B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.
C. This section does not apply to:
1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.
2. A passenger in the living quarters of a motor home as defined in section 28-4301.
D. For the purposes of this section:
1. " Motor vehicle" means any vehicle that is driven or drawn by mechanical power and that is designed primarily for use on public highways. Motor vehicle does not include a vehicle operated exclusively on rails.
2. " Open container" means any bottle, can, jar, container dispensed pursuant to section 4-244, paragraph 32, subdivision (c) or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed.
3. " Passenger compartment" means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle. Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
4. " Public highway or right-of-way of a public highway" means the entire width between and immediately adjacent to the boundary lines of every way maintained by the federal government, this state or a county, city or town if any part of the way is generally open to the use of the public for purposes of vehicular travel.
Structure Arizona Revised Statutes
§ 4-113 - Enforcement officer; credentials; peace officer status
§ 4-114 - Interest in business prohibited; forfeiture of office
§ 4-115 - Disposition of fees and penalties
§ 4-116 - Receipts from club licenses and applications
§ 4-116.01 - Receipts from sampling privilege and growler permits
§ 4-118 - Inspection of premises
§ 4-120 - Liquor licenses fund; exemption
§ 4-201 - Licensing; application procedure in city, town or county; burden of proof
§ 4-201.01 - Extending time limits
§ 4-202 - Qualifications of licensees; application; background information; prior convictions
§ 4-203 - Licenses; issuance; transfer; reversion to state
§ 4-203.01 - Interim permit; fee; rules
§ 4-203.02 - Special event license; rules
§ 4-203.03 - Farm winery festival license; farm winery fair license; fee
§ 4-203.05 - Licenses held in nonuse status
§ 4-203.06 - Mixed cocktails; off-sale privileges; leases; fees
§ 4-203.07 - Off-sale privileges; leases; mixed cocktails; permits; fees
§ 4-204 - Personal representative or fiduciary acting for licensee
§ 4-205 - Issuance of club license; regulatory provisions; revocation
§ 4-205.01 - Hotel-motel license; issuance; revocation
§ 4-205.04 - Farm winery license; issuance; regulatory provisions; retail site; fee
§ 4-205.05 - Disposal of seized or recovered liquor
§ 4-205.06 - Hotel or motel minibars; rules; definitions
§ 4-205.07 - Conveyance license for excursion boats
§ 4-205.08 - Microbrewery license; issuance; regulatory provisions; retail site
§ 4-205.09 - Microbrewery and farm winery licenses on same land; requirements
§ 4-205.10 - Craft distiller license; issuance; regulatory provisions; fee
§ 4-205.11 - Craft distillery festival license; craft distillery fair license; craft distillery fee
§ 4-205.12 - Tasting rooms with shared patios
§ 4-205.13 - Registered alcohol delivery contractor; issuance; fee; regulatory provisions
§ 4-207 - Restrictions on licensing premises near school buildings; definition
§ 4-207.02 - Multiple licensees with joint premises
§ 4-207.03 - Extended premises; application; requirements; fee
§ 4-208 - Rejection as to location
§ 4-210.01 - Authority to impose civil penalty; training
§ 4-210.02 - Appeals from director
§ 4-211 - Judicial review; bond
§ 4-214 - Arizona wines; labeling
§ 4-221 - Registration of stills; forfeiture; sale; proceeds
§ 4-222 - Registration of retail agents; fees
§ 4-224 - Local ordinances; prohibitions
§ 4-225 - Food safety; federal law; preemption
§ 4-227 - Qualified retail cooperatives; pricing; definitions
§ 4-227.01 - Channel pricing; definition
§ 4-228 - Front entrance lock prohibited; exception
§ 4-229 - Licenses; handguns; posting of notice
§ 4-242 - Sale of liquor on credit prohibited; exceptions
§ 4-243 - Commercial coercion or bribery unlawful; exceptions
§ 4-243.01 - Purchasing from other than primary source of supply unlawful; definitions
§ 4-243.02 - Sale of beer, wine or distilled spirits by producer; limitations
§ 4-243.03 - Alternating proprietorships
§ 4-243.04 - On-sale retail licensees; ownership interests; conditions
§ 4-244 - Unlawful acts; definition
§ 4-244.02 - Unlawful importation of spirituous liquor; exceptions
§ 4-244.04 - Farm winery sampling
§ 4-246 - Violation; classification; fine; civil penalty
§ 4-248 - Reporting by court of convictions; definition
§ 4-249 - Consumption of liquor by underage person in religious service allowed
§ 4-250 - Distilled spirits pricing; prohibition
§ 4-301 - Liability limitation; social host
§ 4-302 - Notice of litigation
§ 4-311 - Liability for serving intoxicated person or minor; definition