Open Container Law - Texas Penal Code Section 49.031
§ 49.031. Possession of Alcoholic Beverage in Motor Vehicle.
(a) In this section:
(1) "Open container" means a bottle, can, or other receptacle 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.
(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
(b) 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.
(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or
(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
(d) An offense under this section is a Class C misdemeanor.
(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.
can this law also be used as the same if you are carrying unopened bottles or cans of alcohol in the front seat for tranport?
Candace:
It only applies to bottles or cans that have never been opened. Broken seals, however, are included.
If there's more than one person in a vehicle, and only one has an open container (only one is drinking), are the other people in the vehicle subject to being ticketed and appearing before a magistrate? Is the designated driver at risk if the others in the vehicle have open containers (are drinking)? If the vehicle is a business vehicle, is the owner liable even if he's not present?
Thank you.
apparently this does not apply to individuals "not" in a vehicle. Is there a law or ordinance that involves an individual in a public place with an open container?
if i was pulled over and there was an open beer i did not know about and the officer wrote me an open container ticket that states to appear before nov 23 before JP am I guilty
I'm interested in seeing what the answer is to M. Paul Vertz's post of 9/19/07. I am in the same situation now- I was the driver (not drinking) with a back seat passenger who had an open container (but not intoxicated). What is the point of being a designated driver? Am I responsible for controlling the back seat passenger who is out of view and out of my control?
I'm interested in seeing what the answer is to M. Paul Vertz's post of 9/19/07. I am in the same situation now- I was the driver (not drinking) with a back seat passenger who had an open container (but not intoxicated). What is the point of being a designated driver? Am I responsible for controlling the back seat passenger who is out of view and out of my control?
I recieved a ticket for open contain as a passenger in a vehicle because an officer found two beer cans under the seat. Even though I was unaware of the containers I still recieved a citiation and was found guilty. The law is so broad when it comes to open container unfortunatly is seems you are still guilty is if innocent....
I work in a restaurant where a 'knowledgeble' guest said that it was not considered an open container on a bottle of wine if the cork was reinserted. Doesn't sound accurate. What is the law?
If there is an open container, do all the occupants of the vehicle get a ticket? Or only the person closest to the open container?