Open Container Laws in Texas
Under Texas’s open container law, you can be fined $500 for having any opened container of alcohol in the passenger area of your car, even if you’re parked.
Written by R.E. Fulton
Reviewed by Kathleen Flear
Under Texas’s open container law, you could receive a $500 fine for having any alcohol container with a broken seal in the passenger area of your vehicle—if you’re sober and the car is parked.
Open container laws in the United States vary dramatically from place to place, so knowing your state’s laws is essential.
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What is the open container law in Texas?
Section 49.031
of the Texas Penal Code, passed in 2001, deals with “Possession of Alcoholic Beverage in a Motor Vehicle.” According to this law, you can get a citation if: - You have an open or unsealed container (e.g. a can, bottle, or other receptacle) containing any amount of alcohol in your car
- The container is in the passenger area of the car (e.g. the area designed for seating)
- You are on a public highway and the vehicle is in motion, stopped, or parked
- You know about the container
In other words, having any kind of container of alcohol in your car is illegal in Texas unless it’s sealed or stored in the trunk, glove compartment, or area behind the last upright seat. It doesn’t matter whether the container belongs to the driver or a passenger, and it doesn’t matter if you’re sober.
What counts as an open container?
When you imagine an “open container,” you might think about a cup with no lid or an open can of beer—but that’s not the full picture. In fact, Texas law defines an open container as any vessel 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.”
That fully-sealed bottle of cooking wine you got at H-E-B is probably fine, especially if you put it in the trunk or behind the backseat. But a takeout mimosa, a closed flask half-full of bourbon, or a re-corked bottle of cab falls within the lines of the law.
Exceptions to Texas’s open container law
There are a couple key exceptions to Texas’s open container law. Passengers may have an open container of alcohol in the following vehicles:
- Buses
- Taxis
- Limos
- Motor homes
Key Takeaway If you knowingly have an open container of alcohol in your car’s passenger area while on a public highway, you could be fined up to $500.
Penalties for violating Texas’s open container law
If you’re found guilty of violating Texas’s open container law and no other laws, you’ll be issued a citation. This offense is a Class C misdemeanor, and it’s subject to a fine up to $500 for each container found in the car.
However, this citation can quickly build up if you were intoxicated at the time of the offense or if you refuse a breathalyzer test. Refusing a sobriety test can land you with a license suspension.
And if you’re convicted of a DWI offense along with the open container citation, the crime becomes a Class B misdemeanor. Your fines can go up to $2,000, and you’ll be sent to jail for 6 to 180 days.
With or without a DWI, an open container citation creates a criminal record that could raise your insurance rates considerably. Understanding the details of the law can help you avoid an unexpected premium hike.
MORE:
Texas DUI laws
How to save money on car insurance in Texas
Driving smart with an understanding of Texas open container laws is one way to avoid overpaying for car insurance. Another way is to download the Jerry app and shop for a new rate.
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Who gets the ticket for an open container in Texas?
Either you or your passengers—or both—can receive citations for open container violations on Texas roads.
What happens if you deny a breathalyzer in Texas?
If you refuse to take a breathalyzer test in Texas, your license can be suspended.
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