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In Texas, it is illegal to have an open container of alcohol in your car. Or, sometimes? Multiple conversations on Reddit reveal just how confused Texans are about open container laws. Most of the confusion lies between city or municipality laws and the ones that the state tries to enforce. In many situations, you can get into trouble for having an open container, no matter where you are in the state. Learn below what you need to know about open container laws in the state, why they’re confusing, and why some believe they should be eliminated altogether. Then find out what you can expect if you’re caught breaking the laws. Open Container Laws in TexasThe current open container law in Texas is outlined in the statute Possession of Alcoholic Beverage in a Motor Vehicle. A person commits this offense if they knowingly have an open container in the passenger areas of a car, truck, or other types of vehicles on a public highway, no matter whether it is parked, stopped, or fully in motion. Effectively, in order for a police officer to charge you with an open container, you don’t even need to be driving the car. As long as you’re on a public highway, street, road, or interstate, having an open container of alcohol in your vehicle is enough. What Texas Considers an Open ContainerIt’s important to also understand what is considered an open container under this law. Under the Texas statute, an open container is defined as a can, bottle, or another receptacle that has any amount of an alcoholic beverage in it that is open, that has any contents partially removed, or that has a broken seal. Another part of the statute that needs clarification is what is defined as the passenger area of a vehicle. This is simply where people sit when in the car. In order to be charged, the container must be in the passenger area and within reasonable reach of and visible from the driver’s seat, as well. If the alcohol is in the glove box, a locked storage area in the car, the trunk, or the area behind the backseat if you have no trunk, then it’s not considered to be in the passenger area. Why There Is Confusion in TexasThere is a lot of confusion about open container laws in Texas because there are many overlapping municipal and county jurisdictions that may not support the state law. On top of that, the statewide laws regarding open containers in vehicles ignore any sort of actual impairment from alcohol on behalf of the driver. It seems to a lot of people as if this is simply an excuse for the police to stop citizens who may not be causing any issues or committing any other type of crimes. What Can Happen If You Are Caught Breaking the LawRegardless of any confusion surrounding the law, if you are found by police in violation of the open container law, then you can face consequences. Being caught under the influence of alcohol while operating a motor vehicle can lead to more serious charges than an open container, such as a DWI. If you are only cited for possession of an open container, it is a Class C misdemeanor. As long as your blood alcohol level doesn’t exceed the legal limit of 0.08, then you most likely will only be issued a ticket and be made to pay a fine. It is important to remember that even a misdemeanor shows up on your criminal record, so it can have an impact on your life. About the Author: Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth. He has been recognized for his work by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), The National Trial Lawyers, Fort Worth Magazine, and others. What Are the Texas Open Container Laws?As a general rule, the state of Texas, like other states, makes it a criminal offense to operate a motor vehicle with an open alcohol container inside the vehicle. Under Texas law, all occupants of a motor vehicle are prohibited from having an open container of alcohol in the passenger area of a motor vehicle. The passenger area includes anywhere a person can ride in the vehicle—the front seat, the back seat, or anywhere else inside the vehicle. Open container charges are always filed against the driver of the vehicle, regardless of who has the open container. Accordingly, if you have a passenger in the back seat drinking alcohol (even without your knowledge or permission), you can be charged with an open container violation. The definition of “container” is broad under Texas law and can include cans, bottles, growlers, kegs, and cups. If the seal has been broken on a can, bottle, or keg, it’s considered an open container. Any type of container—a cup, bowl, water bottle, or other vessel—can be considered an open container if there’s evidence that it has, or recently had, alcohol in it. Open container laws apply regardless of whether a vehicle is parked, temporarily stopped, or moving down the road. The law does not cover open containers when the vehicle is on private property, but you can be cited anytime you have an open container in a vehicle on a public street, road, or highway. The Two Exceptions to the Texas Open Container LawsTexas allows two exemptions from the ban on open containers in a motor vehicle:
Penalties for Texas Open Container Law ViolationsSimple possession of an open container in Texas is considered a Class C misdemeanor. You can be charged even if you have not consumed any alcohol yourself. Conviction can lead to a ticket, a fine, and possible points on your driving record. In addition, an open container can give police officers probable cause to determine if you are intoxicated. You may be asked questions, subjected to a field sobriety test, and even asked to submit to a blood alcohol test. If you exceed the legal limit, you can face DWI charges, even if you weren’t traveling down the road at the time police officers initiated their investigation. Officers may use circumstantial evidence to show that you were drinking and driving. Contact the Aggressive Criminal Defense Attorneys at Bailey & GalyenAt the law office of Bailey & Galyen, we offer a free initial consultation to every client. For an appointment with a proven Texas criminal defense lawyer, contact us by email or call our offices at 844-402-2992. We will take your call 24 hours a day, seven days a week. WHY YOU CAN TRUST JERRY Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content. Under Texas’s open container law, you could receive a $500 fine for having any alcohol container with a broken seal in the passenger area of your vehicle—if you’re sober and the car is parked. Open container laws in the United States vary dramatically from place to place, so knowing your state’s laws is essential. comparison and broker app has created a guide to open container laws in as they apply to drivers. We’ll take a close look at the law, including some key exceptions, and see how you can avoid a violation and keep your rates low in the Lone Star State. No spam · No long forms · No fees Find insurance savings (100% Free)of the Texas Penal Code, passed in 2001, deals with “Possession of Alcoholic Beverage in a Motor Vehicle.” According to this law, you can get a citation if:
In other words, having any kind of container of alcohol in your car is illegal in Texas unless it’s sealed or stored in the trunk, glove compartment, or area behind the last upright seat. It doesn’t matter whether the container belongs to the driver or a passenger, and it doesn’t matter if you’re sober. When you imagine an “open container,” you might think about a cup with no lid or an open can of beer—but that’s not the full picture. In fact, Texas law defines an open container as any vessel that “contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.” That fully-sealed bottle of cooking wine you got at H-E-B is probably fine, especially if you put it in the trunk or behind the backseat. But a takeout mimosa, a closed flask half-full of bourbon, or a re-corked bottle of cab falls within the lines of the law. There are a couple key exceptions to Texas’s open container law. Passengers may have an open container of alcohol in the following vehicles:
If you’re found guilty of violating Texas’s open container law and no other laws, you’ll be issued a citation. This offense is a Class C misdemeanor, and it’s subject to a fine up to $500 for each container found in the car. However, this citation can quickly build up if you were intoxicated at the time of the offense or if you refuse a breathalyzer test. Refusing a sobriety test can land you with a . And if you’re convicted of a DWI offense along with the open container citation, the crime becomes a Class B misdemeanor. Your fines can go up to $2,000, and you’ll be sent to jail for 6 to 180 days. With or without a DWI, an open container citation creates a criminal record that could raise your insurance rates considerably . Understanding the details of the law can help you avoid an unexpected premium hike.Driving smart with an understanding of Texas open container laws is one way to avoid overpaying for car insurance. Another way is to download the Jerry app and shop for a new rate. Jerry partners with 50+ top providers to find you the lowest rates available on the coverage you need. Just download the app, enter your information, and you could be set up with savings within minutes! Oh, and those savings? They’re Texas-sized: Jerry users save an average of $887 a year on car insurance.
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