Open Container Charge – DUI lawyer in Phoenix – Ariano and Reppucci, PLLC
Most of us know just how serious the state of Arizona takes driving under the influence (DUI) of drugs or alcohol. While driving under the influence certainly poses a serious risk of harm or death to both the driver and others, accused individuals are innocent until proven guilty and deserve the best criminal defense legal representation possible. Because Arizona has strict DUI laws, open container charges can be quite harsh. Oftentimes, an open container criminal charge in Arizona is in conjunction with a DUI charge. However, there are occasions where a driver or passenger simply has an open container of alcohol, and he or she is not under the influence. This conduct would likely not result in a DUI charge, but it could result in an open container charge. Contact an experienced DUI lawyer in Phoenix for more information about Arizona’s open container laws.
Open Container Law in Arizona
Under Arizona law, a person may be charged with having an open container of alcohol in a motor vehicle either as a driver or passenger, if an open container (whether empty or not) is present in the vehicle. If convicted of having an open container of alcohol while driving or as a passenger in a motor vehicle, he or she is guilty of a Class 2 misdemeanor under Arizona law. This crime carries with it the potential imposition of a fine up to $750 and a jail sentence of up to four months. This is quite extreme given the fact that many accused individuals may not have been driving and/or under the influence of alcohol.
There typically is at least one exception to every rule, and Arizona’s open container law does have an exception that may prevent an individual from facing an open container charge. If the open container is possessed by a bus passenger, a limousine passenger, or a taxi passenger, this person will not face an open container criminal charge. However, many people are not aware of this exception, and may in fact believe they are violating the law by having an open container of alcohol as a passenger on a bus, in a limousine or in a taxi. Even with exceptions, it is still important to understand what you could be facing if charged with having an open container or driving under the influence. As such, an attorney can help you build a strong defense to seek dismissal of the criminal charge if at all possible, or at least a negotiated reduction in the criminal charge against you to keep you out of jail.
Contact the Phoenix DUI Defense Attorneys of Ariano & Reppucci, PLLC Today
If you or a loved one is facing an Arizona open container charge and/or any type of DUI charge, no matter how minor or serious the charge(s) may seem, it is imperative that you act quickly to retain a qualified Phoenix DUI Defense Attorney highly skilled in handling a wide variety of alcohol and drug-related crimes involving motor vehicles. The consequences of a criminal conviction can be life-changing for some people, so it is important to take all steps possible to stay out of jail and avoid a blemished criminal record. The seasoned Phoenix DUI Defense Attorneys of Ariano & Reppucci, PLLC can provide you with the means to fight your criminal charge to the fullest extent possible. Our law firm has received a rating of “A” from the Better Business Bureau in addition to a number of positive online reviews. Our attorneys are available 24/7 to help you as we understand arrests can happen at any time day or night. To schedule an initial consultation with one of our Phoenix DUI Defense Attorneys, contact Ariano & Reppucci, PLLC today by calling (623) 777-2058.