Index
Texas Open Container Law
Summary
It is illegal to possess an open alcoholic beverage container in a vehicle's passenger area on a public highway in Texas.
Rights & Rules
- 01.No driver or passenger may have an open container of alcohol in the passenger area of a motor vehicle while it is being operated on a public highway.
- 02.An 'open container' is defined as a container that is not sealed, or a container on which the seal has been broken.
- 03.Exceptions exist for passenger areas of limousines, buses, taxicabs, and motor homes.
Penalties
- 01.Class C misdemeanor, punishable by a fine not to exceed $500.
- 02.If found in conjunction with a DWI offense, it can enhance the penalties for the DWI.
Verified Citations
Texas Penal Code - Section 49.031. Possession of Alcoholic Beverage in Motor Vehicle
Source"(a) A person commits an offense if he knowingly possesses an open container of an alcoholic beverage in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is operating, stopped, or parked."