Texas Open Container Laws Explained For Passengers, by DWI Attorney – Dallas
Texas Drivers should be conscious about the Texas Open Container Law before getting behind the wheel.
Contents
TX Penal Code 49.031
More infoSec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section:
(1) “Open container” means a bottle, can, or other receptacle 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.
(2) “Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(3) “Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
(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.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.
The Law Says…
Simply put, the law in Texas prohibits a person to have an alcoholic beverage in the car that is opened, has a seal that has been broken, or that the alcohol has been partially consumed or empty.
Class C Misdemeanor, $500 Fine
Drivers found with open containers in their cars can be given a citation which is a Class C misdemeanor, and face a fine of up to $500.
Jail + DWI
Longer jail time can also result if a driver is charged with a DWI, and if an open container is found in the vehicle. Every day, adults are arrested for suspicion of DUI upon the determination that their blood alcohol level (BAC) is above the legal limit of 0.08.
Passengers + Open Container
Furthermore, there are consequences for passengers in a vehicle that have an open container according to Texas Penal Code 49.031. This code prohibits a passenger to possess an open container inside of a car, and that a peace officer can issue a citation with a notice to appear before a magistrate.
If an officer stops the vehicle you are in and finds an open container, you will face a Cass C misdemeanor violation. Section 49.031.2 (b) clearly defines what part of the vehicle violates the Open Container Law, and states that the “Passenger of a motor vehicle” means the area of a motor vehicle designed for seating of the operator and passengers of the vehicle.
Bus, Limmo, Taxi, Uber?
The trunk, the area behind the last upright seat of a car, and the glove compartment are not considered to be “passenger areas” of a vehicle. The only exception to the Texas Open Container Law in Texas is if a person is consuming alcohol on a bus, limousine, or a taxi.
Keep in mind that it is an offense to possess an open container even if the vehicle you are in is in operation, stopped, or parked on any public road.
Minors
Underage drivers can receive harsh penalties, as Texas law states that anyone under the age of 21 caught consuming alcohol are subject to a fine up to $500, complete alcohol awareness classes, must complete 8 to 40 hours of community service, and can lose or be denied their driver’s license for 30 to 180 days.
See also…https://www.dwiattorneydallas.net/tx-minor-in-possession/
Minors that have a mark on their criminal record are thereafter faced with the difficulty of being able receive college scholarships, and it becomes very challenging for these individuals to find a job.
Every year, tens of thousands of Texans face jail time and fines to pay due to violating the Texas Open Container Law. If this happens to you, then contact a Texas attorney as soon as possible.