Understanding Open Container Laws in Texas: A Driver’s Guide

In Texas, it is illegal to knowingly possess an open container of alcohol in the passenger area of a motor vehicle on a public highway, even if the vehicle is parked and the driver is not intoxicated. A standalone open container charge is a Class C misdemeanor, but its presence during a DWI stop can raise the stakes considerably.

What Counts as an Open Container Under Texas Law?

Texas Penal Code § 49.031 defines an open container as a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, has been opened, has a broken seal, or has contents that are partially removed. Any of those four conditions qualifies, and the container does not need to be actively open at the moment of the stop.

The passenger area of a motor vehicle is defined as the area designed for the seating of the operator and passengers. It does not include:

• A glove compartment or similar storage container that is locked
• The trunk of the vehicle
• The area behind the last upright seat of a vehicle that does not have a trunk, such as an SUV or hatchback

Those exclusions matter in a criminal defense. Where the container was found and whether it was actually within reach of the driver or a passenger can be central questions in evaluating the charge.

A standalone open container violation is a Class C misdemeanor, punishable by a fine of up to $500. Unlike most criminal offenses, this is one of the few in Texas where a person cannot be arrested on the spot. Instead, the officer issues a written citation and notice to appear. A Class C misdemeanor is not trivial. The offense still goes on your permanent record.

Can Passengers Have an Open Container in Texas?

No. Texas law prohibits any occupant of a vehicle from knowingly possessing an open container in the passenger area on a public highway. There are limited exceptions for:

• The passenger area of a vehicle designed, maintained, or used primarily for transporting people for compensation, such as a bus, taxi, or limousine
• The living quarters of a motorized house coach or motorized house trailer, such as a motor home or recreational vehicle

An Open Container Can Make a DWI More Serious

An open container in the vehicle does not prove intoxication on its own. However, its presence during a DWI stop can significantly change the consequences of that charge under Texas Penal Code § 49.04.

A standard first-offense DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours. If the person operating the motor vehicle had an open container of alcohol in their immediate possession at the time of the offense, it is still a Class B misdemeanor, but the minimum term of confinement increases to six days.

Talk With Marc Chavez Law Firm About Your Situation

Attorney Marc Chavez built his practice on a foundation most defense attorneys do not have: 12 years as a prosecutor, including many trials. That experience influences how he reads a charge, evaluates the facts, and anticipates how the other side will move. For the last four years, he has been named a Super Lawyer, and earlier in his career was recognized as a Rising Star.

If you are facing a DWI or open container charge in Austin or Round Rock, our criminal defense lawyers at Marc Chavez Law Firm are ready to help. Call (512) 337-9774 or contact us online for a free consultation.