Having a drink every now and then has become a tradition in many scenarios — tailgating before a football game, happy hours, celebrations, holidays, or simply to destress after a stressful day. And, while they certainly can make conversations more lively and can make some social interactions more fun (or at least bearable), there are laws Texans are required to follow when carrying an open container. But what are those obligations? And what are the consequences of failing to comply?
Overview of Open Container Law in Texas
The Texas law that establishes the open container restrictions is Section 49.031 of the Texas Penal Code. Specifically, it defines the term open container to mean a bottle, can, or other receptacle that contains any amount of alcoholic beverage that is open, has been opened, has a broken seal, or the contents have been partially removed.
It is illegal to have an open container on any public road, street, highway, interstate, or other publicly maintained way that is used for motor vehicle travel. The only exception to this rule is if the container is located in any of the following places:
- A locked glove compartment
- The trunk of the car
- The area behind the last upright seat of the vehicle, if the car doesn’t have a trunk.
Can passengers drink alcohol in a car in Texas?
No. According to Texas’s open container law, a person will be considered to have committed an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is on the road. This applies regardless of whether the vehicle is being operated, stopped, or parked. However, the rule does not apply if the passenger is using public transportation — specifically, buses, taxis, or limousines. It also doesn’t apply if the open container is located in the living quarters of a recreational vehicle (RV) or self-contained camper.
What are the penalties for violating open container laws in Texas?
Failing to comply with the Texas open container law is a Class C misdemeanor. The police officer who notices the violation will issue a written citation with a notice to appear in court. The party will then have to go to court at the designated time and location on the notice to appear. They will be exposed to a penalty of up to $500.
For a first offense, you’ll likely only get a citation. However, if you have any previous violations, you may expose yourself to getting arrested. In addition to the fine, you could also face the consequences that follow from a criminal conviction — such as affecting housing and employment opportunities, as well as jeopardizing a professional license.
Civil Litigation Attorneys in Texas
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This blog is for informational purposes only and does not create an attorney/client relationship.