Index
Criminal LawTexas, USA

Texas Open Container Law

Summary

Texas law strictly forbids having an open container of alcohol in the passenger area of a motor vehicle on a public highway, regardless of whether the vehicle is parked or moving.

Rights & Rules

  • 01.
    You cannot have an open bottle, can, or cup of alcohol anywhere in the passenger area of your car.
  • 02.
    'Open' means the seal is broken or some of the contents have been removed.
  • 03.
    It does NOT matter if you are actually drinking it, and it does NOT matter if you are completely sober. Just having the open container within reach is illegal.
  • 04.
    Exceptions: It is legal to have an open container in the trunk of the car. It is also legal to drink as a passenger in the back of a licensed limo, taxi, Uber, or motorhome.

Penalties

  • 01.
    Possession of an open container is a Class C misdemeanor, punishable by a fine of up to $500. If you are also driving while intoxicated (DWI), the open container enhances the severity of your jail sentence.

Verified Citations

Texas Penal Code Section 49.031

Source
"A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked."