Getting pulled over in Texas can be stressful enough without worrying about whether that empty beer bottle from last weekend could land you in legal trouble. Texas open container laws are more complex than many drivers realize, and a simple violation can quickly escalate into serious DWI charges.
Understanding these laws isn’t just about avoiding a fine—it’s about protecting your driving record, your reputation, and your future. Whether you’re a Texas resident or just passing through, knowing what qualifies as an open container violation, where exceptions apply, and how these charges connect to DWI cases could save you from costly legal consequences.
Contact our Dallas DWI Defense lawyer now.
What Is the Texas Open Container Law?
Texas Penal Code § 49.031 makes it illegal to knowingly possess an open container of alcohol in the passenger area of a motor vehicle that’s located on a public highway, whether you’re driving, parked, or simply sitting in the vehicle.
An “open container” under Texas law means any bottle, can, or receptacle containing any amount of alcoholic beverage that:
- Has a broken seal
- Has been previously opened
- Has contents that have been partially removed
The passenger area includes any area designed for the driver and passengers to sit, plus any area readily accessible while seated—front and back seats, center console, cup holders, and floor areas within arm’s reach.
Examples of Open Container Violations
- Container in the cup holder – An open beer can or wine bottle, even if empty
- Open bottle on the back seat – A partially consumed bottle from a previous event
- Unsealed container within reach – Any alcoholic beverage with a broken seal accessible to occupants
Exceptions to the Open Container Law in Texas
Several important exceptions allow open containers in specific situations:
Vehicles Used for Hire
Licensed transportation services like limousines, taxis, and buses allow passengers to possess open containers since they aren’t operating the vehicle.
Living Quarters of Motor Homes or RVs
Recreational vehicles with distinct living areas separate from the driver’s area may store open containers in their living quarters (not accessible to the driver while operating).
Locked Storage Areas
Properly stored alcohol in approved areas doesn’t violate the law:
- Locked glove compartments (must actually be locked, not just closed)
- Sealed trunk compartments
- Areas behind the rear seat in vehicles without trunks
Open Container Law & DWI Charges in Texas
An open container violation often provides probable cause for DWI investigations. Officers can then conduct:
- Field sobriety tests to assess impairment
- Breathalyzer or blood tests to measure blood alcohol content
- Enhanced scrutiny of driving behavior
Even if you’re parked, having an open container while in the driver’s seat can lead to DWI charges if you’re in actual physical control of the vehicle. Learn more in our guide to DWI While Parked.
Penalties for Open Container Violations in Texas
Open container violations are Class C misdemeanors with these penalties:
| Penalty Type | Legal Maximum | Additional Details |
|---|---|---|
| Maximum Fine | $500 | No jail time for standalone violation |
| Process | Citation/Ticket | Officers issue tickets, not arrests |
| Multiple Containers | Single Offense | Multiple containers in one incident count as one violation |
Combined charges (like DWI + open container) carry separate, more severe penalties.
What to Do If You’re Cited for an Open Container Violation
Follow these essential steps:
- Remain calm and polite during the traffic stop
- Don’t admit guilt or explain how the container got there
- Document circumstances immediately after the stop
- Review the citation for accuracy
- Consider legal consultation, especially if facing additional charges
Our experienced Dallas Criminal Defense Firm can help protect your record.
Know Your Rights – Contact a DWI Defense Lawyer Today
Open container violations often accompany more serious DWI charges. Our Dallas DWI defense attorneys understand how prosecutors use these violations and can develop a strategy to protect your driving record and future.
Learn about the escalating penalties in our guide to Differences Between 1st, 2nd, 3rd DWI in Texas.
Contact the Law Offices of Richard C. McConathy today at (972) 528-0116 for a consultation about your case. Contact us online to speak with a qualified Texas DWI defense attorney.
Frequently Asked Questions (FAQ)
Can a passenger drink alcohol in a car in Texas?
No, passengers cannot legally possess open containers in the passenger area of vehicles on public highways.
Is an empty bottle considered an open container?
Yes, empty bottles with broken seals qualify as open containers under Texas law.
Can you drink in a parked car in Texas?
No, the law applies whether the vehicle is moving or parked on public property.
Is alcohol legal in the trunk?
Yes, the trunk is not considered part of the passenger area.
What is the penalty for an open container?
Up to $500 fine as a Class C misdemeanor with no jail time for standalone charges.