Tyler DWI Attorney Explains “Open Container” Law

Open Container Law in Texas

Accused of Driving With an Open Container? Call (903) 207-5525!

What Happens If You Get an Open Container Ticket?

Texas Penal Code Sec. 49.031(1) states: “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.

So, what does that mean? Well, an open container is obviously not a bottle or can which hasn’t been opened.

What is an Open Container?

Here are some examples of open containers in Texas:

1. A can which has been “popped” or
2. A bottle which has had the lid twisted off. Either of those can still be completely full, without even a sip taken from it, yet it is still an open container… even a bottle which has had the top removed and then put back on.
3. A cup with or without ice which contains any amount of alcohol, whether straight or mixed.
4. A “runner’s bottle” or some other kind of drink holder which contains any amount of alcohol.So what is an “empty”? A can, bottle, cup or any other container which is completely empty is no longer an open container … it is trash! You can have 100 open beer cans in your floorboard and as long as each one of them is empty, they are trash, and nothing more.

However, here is a point of argument … A container which is technically empty, but still is cool to the touch and/or has condensation on the outside is considered an open container. That’s not in the legal definition, but case law has legislated that it is for all purposes an “open container”.

Anyone in your car can be charged. The offense is a Class C Misdemeanor, punishable by a fine only, not to exceed $500. No jail.

Can a Passenger Drink in a Car in Texas?

Drivers can still be charged under Texas’s open container law even if they’re not the ones in possession of the alcohol. There are, however, exceptions for commuter vehicles such as buses, taxis, or limousines, or recreational vehicles so long as the container is open in the living portion of the RV.

So, while you may not be able to be the designated driver while your passenger drinks in the car, there are exceptions to the rule for specific vehicles.

Additional information on Texas alcohol laws can be read here.