open container law texas

The Open Container Law in Texas

Understanding state laws can often be complex, given the variations in their application and execution. One such area that can cause confusion surrounds ‘open container laws,’ and in Texas, these rules hold particular nuances. 

At Universal Law Group, we’re here to demystify these regulations, making the Texas open container laws clearer for you.

Understanding Open Container Laws

Open container laws in the United States prevent drivers and passengers from consuming alcoholic beverages while in a motor vehicle. Typically, they prohibit anyone in a motor vehicle from possessing or consuming an alcoholic beverage that has been opened.

Texas Open Container Laws – A Snapshot

Texas Open Container Law states that it is illegal for a person to knowingly possess an open container in a passenger area of a motor vehicle that is located on a public highway. This is true regardless of whether the vehicle is being operated or is stopped/parked.

The law applies to all types of motor vehicles, from private cars to commercial vehicles, and includes any area of the vehicle designed for the driver and passengers. However, it excludes a locked glove compartment, trunk, or the area behind the last upright seat.

Violation of this law is a Class C misdemeanor. It is punishable by a fine of up to $500, without jail time, unless it is a repeat offense.


What Is the Texas Open Container Law?

Texas Open Container Law is outlined in Section 49.031 of the Texas Penal Code. To offer a more comprehensive understanding, here’s a direct excerpt from the code:

“(b) 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. Possession by a person of one or more open containers in a single criminal episode is a single offense.”

This legal definition translates into a clear restriction. If you’re on a public highway, possessing an open container of alcohol in the passenger area of any motor vehicle is illegal. The status of the vehicle – whether it’s being operated, stopped, or parked – does not affect this violation’s applicability.

Importantly, the statute also specifies that even if multiple open containers are found during a single incident (or “criminal episode”), it’s considered a single offense. This clarification underscores the law’s primary focus. It deters possession of any open alcohol containers within accessible areas of a vehicle, rather than the number of containers.

By understanding the exact language and interpretation of this law, individuals can better navigate their responsibilities and rights when it comes to alcohol transportation and consumption in vehicles.

Open Container Law Exceptions

In Texas, there are a few exceptions to this rule:

  • Passengers of vehicles for hire: Passengers in a taxi, bus, or limousine are exempt from the open container law.
  • Living quarters of motorized homes: The open container law does not apply to the living quarters of motorized homes.
  • Private buses: Passengers on a private bus are exempt from this law.


Navigating Texas Open Container Laws: Transportation and Storage of Previously Opened Bottles

A common question we often encounter is, “Can I drive with a previously opened bottle of alcohol?”

The answer, according to Texas law, is yes. However, there are stringent guidelines on how and where these previously opened bottles must be stored within the vehicle.

Can You Have an Open Container in the Trunk in Texas?

Absolutely. It is completely legal to transport an open container in the trunk of a vehicle in Texas. The rationale behind this provision is simple: the law aims to prevent the immediate consumption of alcohol by the driver or passengers, and the trunk is typically inaccessible to individuals in the vehicle while it is in motion.

Understanding the Texas “No Trunk” Exception

But what happens if your vehicle doesn’t have a trunk, such as in the case of Jeeps, Smart Cars, or other similar vehicles? Texas law provides a “No Trunk” exception. If your vehicle does not have a trunk, you can store an open container behind the last upright seat.

This exception ensures that everyone can transport alcohol legally and safely throughout Texas, regardless of the type of vehicle they own. In both situations, the law focuses on the same principle: preventing easy access to the open container while the vehicle is on a public highway. This helps ensure the safety of all road users by discouraging the consumption of alcohol while driving.

Remember, understanding and adhering to these regulations is crucial in avoiding potential open container violations. More importantly, it helps to maintain safety on the road.

Interplay with DWI Laws

Texas Open Container laws intertwine significantly with the state’s Driving While Intoxicated (DWI) laws. Being charged with an open container violation, while also being charged with a DWI, results in an enhancement of the DWI penalties. 

In Texas, a DWI is a much more serious offense than an open container violation. It carries a potential jail sentence, larger fines, and other significant consequences such as driver’s license suspension.

Defending an Open Container Charge

Have you or someone you know been charged with an open container violation in Texas? It is essential to consult with a knowledgeable defense attorney. 

At Universal Law Group, our seasoned legal team will analyze your case’s circumstances to craft an effective defense strategy. We can challenge the legality of the traffic stop or contest the accuracy of the officer’s observations, which can result in the charges being reduced or dismissed.

Frequently Asked Questions: Open Container Law Texas

We have also compiled a list of frequently asked questions to provide more insight into Texas’ open container laws.

What qualifies as an ‘open container’? 

An open container is any bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, has been opened, has a broken seal, or the contents of which are partially removed.

Can I transport alcohol in my car?

You can transport closed, unopened containers of alcohol in the passenger area of your car. However, if the seal is broken, it must be stored in the locked glove compartment, trunk, or behind the last upright seat if your car doesn’t have a trunk.

What if the car is not moving or parked?

According to Texas law, even if your vehicle is parked or not operational, having an open container in the passenger area is still considered a violation.

Final Thoughts On Texas Open Container Laws

While the Texas open container law may seem straightforward, its nuances can lead to confusion and potential legal issues. Our goal at Universal Law Group is to equip you with a clear understanding of these laws. Our attorneys help you to avoid potential legal issues and ensure safe and responsible behavior on Texas roads.

Do you have questions or need assistance with an open container or DWI charge? We encourage you to reach out to our team of experienced lawyers. We are committed to protecting your rights and navigating the legal landscape on your behalf.


Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. If you need legal advice, please contact a lawyer directly.