What are defenses for Public Consumption of Alcohol in Arizona?

Posted by R&R Law Group on March 23rd, 2020

It is important to remember that when you are charged with a crime, you have many protections afforded by the Constitution and the rules of criminal procedure.

Whether you are charged with a class 2 misdemeanor, as in the case of public consumption of alcohol, or a more serious felony, the same rules apply.

At the outset of your case, you are innocent unless you are found guilty by a judge at a trial or you plead guilty to the charges.

Regardless of what happened in your case, the government must prove each element of of the drinking in public statute.

First, they have to prove that you were drinking in a public area not covered by a license or not considered to be on of the exceptions under the law (like private property).

The government can usually do this with an officer’s testimony as to the location of the consumption, but in some situations the police or the prosecutor’s offices do not have all of the facts and can overlook exceptions, permits or licenses.