An open container law violation in Texas is a crime, but it really isn’t a big deal. The fine is only $500, but it’s much better to hire a lawyer who can get the charge dismissed and get you off without a conviction on your record. You may need to do some community service or a class.

It’s such a piddly offense that we don’t even take these charges, but many great lawyers do – and you should hire one of them.

Below, we cover Texas Open Container laws in detail so you know what you’re up against. But rest assured, it’s not that big of a deal.

What is the Texas Open Container Law?

An “open container” in Texas refers to any kind of receptacle of alcohol with a broken seal or where the contents have been partially removed, including capped but previously opened receptacles such as bottles and cans. This means that if you have a bottle of wine with a broken seal, you can be charged even if the contents haven’t been drunk. 

Additionally, Texas law defines flasks and thermoses as open containers.

Whether you’re a passenger or the driver, you can be charged with having an open container of an alcoholic beverage in any seating area of a vehicle, including the passenger seat and back seats. Open Container charges in Texas are categorized as Class C misdemeanors and—if convicted—remain on a person’s record permanently.

Note that an Open Container ticket is separate from a DWI (Driving While Intoxicated) charge in Texas, though it can be used to enhance DWI charges.

A Class C misdemeanor on your record can have financial and collateral consequences. Class C misdemeanors will show up on background checks, and there’s no way to get it off your record unless you get the case against you dismissed or have the charge expunged following deferred adjudication. So please, again, just hire a lawyer to make the charges go away. It might cost more than the $500 fine, but it’s better than a conviction.

Open Container in the Texas Penal Code

Let’s take a look at the Open Container laws as described in the Texas Penal Code:

“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.”

Texas Penal Code Sec. 49.031.

Each instance of an open container is charged as a single offense. If you are found with three open cans of beer in your vehicle, you can be fined three times.

However, it is not against the law to carry an open container in a glove compartment or similar storage container that is locked, nor is it illegal to carry an open container in the trunk of a vehicle. Where a vehicle doesn’t have a trunk, Texas Penal Code Sec. 49.031 cites it is permissible to store an open container in “the area behind the last upright seat of the vehicle…”

What About an Open Container in a Parked Car?

If you are parked on a “public highway,” it is still illegal to have an open container of alcohol in the vehicle, even if the car isn’t moving and the engine is off.

The Texas Penal Code defines “public highway” as:

 “…any public road, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel.” 

In other words, you can’t be charged with violating Open Container law for opening a can of beer in your car as long as you are parked in a private driveway. If your car is parked on a public road, however, possessing any open container or previously opened but now capped container such as a bottle or a flask is against the law.

Can a Passenger to Drink Alcohol in a Vehicle?

It is against the law for a passenger to possess an open container of alcohol in a vehicle. If you are stopped by an officer and one of your passengers is holding an open can of beer, a flask, a bottle with a broken seal, or any other receptacle containing an alcoholic beverage, both you—the driver—and the passenger can be charged with violating Open Container law.

Are There Any Circumstances Where Drinking by Passengers Is Allowed in Texas?

Under Texas law, it is not illegal to drink alcohol as a passenger in: 

• a bus,
• taxicab,
• Uber
• limousine,
• or other vehicle that is used primarily for the transportation of people in return for compensation.

As a passenger, you can also drink in the living quarters of a motor home.

Can you Transport Previously Opened Bottle in Texas?

Let’s say you are taking open a half drank bottle of wine from a restaurant. And assume you aren’t driving drunk. After all, who wants to let that go to waste?

It’s not illegal to transport a previously opened bottle in your vehicle in Texas, but there are very clear rules on how you should do so to prevent running afoul of the law. You may store unsealed bottles or containers in a locked glovebox or other storage container that can be locked. You can also store previously opened containers in the trunk of your vehicle.

If your vehicle does not have a trunk, you can store it in the area behind the last upright seat of your vehicle. The bottle must be out of reach for all passengers.

Penalties for Open Container in Texas

Open Container violations are charged as Class C misdemeanors in Texas, punishable by a fine of up to $500.

However, each count of an open container in your vehicle results in a separate ticket. If you have several open containers in your vehicle, you can be fined multiple times, potentially costing you thousands of dollars.

Hire a Lawyer. Don’t Plead Duilty.

If you are facing Open Container charges in Texas, you might think you can just pay the fine and be done with it.

Bad idea – just hire a lawyer and fight the charges. It’s unlikely you’ll end up with a conviction.

Don’t get a conviction for such as silly offense. Future employers may not understand that all you did was drive with an open alcohol container.

However, you need an experienced lawyer to have a good chance of winning.

An attorney with a track record of success can use multiple strategies to get your case dismissed or fight for the best possible outcome for you. One strategy they may use is to look at the circumstances of your traffic stop to see if the officer had reasonable suspicion to pull you over and whether they had sufficient probable cause to search your vehicle.

And most likely, they’ll get you off with a slap on the wrist. Don’t let the justice system run you over for such a silly offense.