Navigating the Texas Open Container Law: What You Need to Know

A lot of people discuss Texas open container laws, but at the end of the day, it’s usually charged as a class C misdemeanor, on par with a speeding ticket. It becomes a little worse when paired with a DWI. Usually, you can avoid an open container violation by stowing your open containers where they would be inaccessible while driving. If you have been charged with a DWI or other criminal violation in Central Texas, you can contact ATX Legal for a free consultation on your case.

Understanding the Texas Open Container Law

• The Texas Open Container Law prohibits the possession of an open container of an alcoholic beverage in a motor vehicle on a public highway.

• An open container is defined as a bottle, can, or other receptacle containing any amount of an alcoholic beverage that is open, has been opened, has a broken seal, or has partially removed contents.

• The law applies to both drivers and passengers in a motor vehicle.

• A person knowingly possesses an open container in a passenger area of a motor vehicle on a public highway can be charged with an offense.

Exceptions to the Open Container Law

• There are exceptions to the open container law, including buses, taxis, limos, and the living quarters of motor homes or RVs.

• It is legal to have an open container in these vehicles, but it is still illegal to drive while intoxicated.

• Additionally, a person can transport an open container in Texas in the trunk of a vehicle or in a locked glove compartment.

Transporting Alcohol in a Vehicle

• If a vehicle does not have a trunk, it is legal to transport open containers in a locked glove compartment or the space behind the last upright seat in the rear.

• If we’re talking about completely empty containers – like an old liquor bottle – these do not fall under the open container law because they no longer hold an alcoholic beverage.

• To-go alcohol sales in Texas are legal as long as the drink is provided in a sealed container and the customer does not break the seal until they have reached their destination and exited the vehicle.

Penalties for Open Container Violations

• Possession of an open container of alcoholic beverages is a Class C Misdemeanor, punishable by a fine of up to $500.

• A conviction for Open Container remains on a person’s record forever, but can be sealed from public view in some cases.

• If an open container is your only violation, you cannot be taken to jail upon your citation.

Consequences of an Open Container Violation

• An open container violation can have consequences beyond fines, such as affecting college admissions and financial aid.

• If you are on parole or probation, an open container violation could be more severe.

• Additionally, an open container charge can become more severe if coupled with related charges, such as a DWI.

How an Open Container Enhances a DWI Case

• If a person is charged with driving while intoxicated and they have an open container, the punishment range is enhanced to increase the minimum jail time.

• The open container laws apply to this situation as well, and a person can be charged with both DWI and open container.

Defending Against an Open Container Charge

• If you have been charged with an open container violation, you should seek out legal counsel right away.

• A simple misunderstanding could lead to a wrongful arrest, and a lawyer can help you fight back against these charges.

• A good lawyer can help defend your rights and fight for your freedom.

The Importance of Understanding Open Containers

• Ignorance of the law can lead to criminal charges and fines.

• It is essential to understand the open container law in Texas to avoid any potential consequences.

• A good lawyer can help you understand the law and defend you if you are charged with an open container violation.

Open Container Law and Vehicle Searches

• The open container law applies to vehicles that are parked on a public highway, as well as those that are in operation.

• The definition of a “public highway” is broad and includes all roads, streets, interstates, highways, and publicly maintained roadways.

• If a police officer has probable cause to believe that a person is in possession of an open container, they can search the vehicle.

Open Container Law and Public Places

• The open container law in Texas prohibits drinking alcohol in a public park or in a motor vehicle.

• However, there is no statewide ban prohibiting public consumption of alcohol in Texas, unless you are in a state park or in an area of a city where it has specifically been deemed illegal.

• The rules regarding public consumption of alcohol fall into two general categories: public places and public places that are permitted to sell alcohol.

Contact an Attorney for Help with an Open Container Case

• If you have been charged with an open container violation, contact ATX Legal to speak with an experienced attorney

• A good lawyer can help defend your rights, avoid fines, and fight for your freedom.

• Contact an attorney today for a free consultation.

Conclusion

• The Texas Open Container Law is complex and can have severe consequences if not understood correctly.

• It is essential to understand the law and seek out legal counsel if you are charged with an open container violation.

• A good lawyer can help you navigate the law and defend your rights.