Comments on Open Container Law - Texas Penal Code Section 49.031 | Austin DWI Lawyer

candyfior@aol.com (candace fiorentino) — Sat, 10 Feb 2007 17:19:51 -0600

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?

jamie@austindefense.com (Jamie) — Sun, 11 Feb 2007 12:10:10 -0600

Candace:

It only applies to bottles or cans that have never been opened. Broken seals, however, are included.

mpaulvertz@web-runner.com (M. Paul Vertz) — Wed, 19 Sep 2007 22:54:36 -0600

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.

wlee005@tx.rr.com (Walt) — Fri, 12 Oct 2007 22:17:03 -0600

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?

powertoolsbsmc@aol.com (Kim) — Sun, 04 Nov 2007 21:28:25 -0600

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

ejpe1128@aol.com (Ellen) — Wed, 23 Jan 2008 14:21:08 -0600

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?

ejpe1128@aol.com (Ellen) — Wed, 23 Jan 2008 14:21:52 -0600

chrisr5684@yahoo.com (Chris) — Thu, 27 Mar 2008 11:13:28 -0600

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....

eric_trg@yahoo.com (eric) — Sun, 20 Jul 2008 20:30:57 -0600

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?

gcabstowers@hotmail.com (Carolyn) — Tue, 05 Aug 2008 10:15:33 -0600

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?

julietw1970@yagoo.com (JULIE WILKERSON ) — Tue, 21 Oct 2008 15:38:31 -0600

My husband and I recently moved to Houston from New Orleans. I wanted to inquire as to the open container law or law permitting drive thru liquor sales and what is the proper channels to go if possibly wanting to open a daiquiri shop

lorenestephanie@yahoo.com (stephanie lorene) — Sat, 01 Nov 2008 05:01:28 -0600

I recentlx had to take the blame for an open container that belonged to the person in the front seat because nobody would claim it and the officer threatened to take us all to jail do u think i can get out of paying for it whenever i go to court ?

angie_o@netzero.com (Angela) — Tue, 16 Dec 2008 23:08:01 -0600

Is this a "class c misdemeanor traffic violation"? Do I have to report this when renewing my nursing license?

ceukageada7392@gmail.com (cwxwwwxdfvwwxwx) — Wed, 24 Dec 2008 14:32:47 -0600

well, hi admin adn people nice forum indeed. how's life? hope it's introduce branch ;)

vivalachula@hotmail.com (Guadalupe M. Hancock) — Thu, 05 Feb 2009 10:53:56 -0600

I was cited for failure to yield to an emergency vehicle (police car) at an intersection where a corner house has obstructive foliage which blocked my view into on coming main road. I stopped but could not see the officer on the main as I was leaving my neighborhood. The emergency vehicle was not on an emergency call - NO flashing lights nor siren. He turned around and I saw him two blocks into the main and immediately pulled over. He cited a traffic citation and thus a general citation for an open container - and having given me a sobriety field test, I passed - he saw an open container but excused it; however, he was bound to impound my car and left me walking on foot along with a passenger that was with me... I will take a picture of the obstuction at the corner house which is along side a stop sign. Am I correct in presenting this photo to the judge inwhich is comparative to the site of the citation?

mackamartin38@yahoo.com (mack) — Sun, 29 Mar 2009 13:10:51 -0600

A friend of mine just called me and relayed to me the events of the last 2 days, he had dropped his kids off in mansfield tx and then stopped at the store and purchased a 6 pack upon getting back on the road heading home he opened one of the beers, he did not see the patrol officer that saw him, he was pulled over and told that since he had an open container he had to go to jail. His car was towed and impounded and he was escorted to the local jail, where he stayed from Friday night, until sunday at noon. They then told him that if he was caught again with an open container that he would have double the fine. He was fined 400.00 along with spending 3 days in jail. then take in the fact that he owed for the towing and impounding of his vehicle. This doesnt sound fair or just to me, is there anything he can do??

jana@nctv.com (jmay) — Sun, 29 Mar 2009 20:44:41 -0600

What if you recieve an open container ticket after walking out of a fraternity house on 26th street. No vehicle, just walking out with a beer in hand?

brittany_8121@hotmail.com (Brittany ) — Thu, 30 Apr 2009 09:21:51 -0600

I received an open container ticket for riding in the bed of a truck along the beach..but i thought that is not considered open container if it is in the trunk or bed of a pickup truck? Can i fight this?

isf1@sbcglobal.net (Steve) — Thu, 07 May 2009 23:18:22 -0600

I recieved a ticket 49.031 while parked in a convience store parking lot.Is that privite property.Can I beat this ticket?

michaelw@winterpediatrictherapy.com (michael winter) — Mon, 08 Jun 2009 13:23:41 -0600

What is the fine for open container ticket for a passenger?

vinorep@hotmail.com (Jules) — Thu, 23 Jul 2009 10:54:46 -0600

I was stopped recently for supposedly doing 73 in a 65. My cruise was set to 67. I had the roof down and was cruising to New Orleans for a break. This was at 2.00am. State Trooper decided to pull me over and stated that he clocked me doing 73. I told him I couldn't have been because my cruise was set at 67. He said "oh". Of course he couldn't prove to me that I was doing 73. He then looked inside the vehicle and he saw an open beer bottle. I did not know that it was in the car. Friends of mine the night before left it on the floor and it had rolled forward. He gave me a cite. $300. So I pleaded not guilty and they sent me a letter stating that I could do 90 days deferred and a $150 fine. I still want to fight it. Or, should I pay it? What are my chances of getting it dismissed?

kaygirl72@comcast.net (Kay) — Fri, 25 Sep 2009 09:26:06 -0600

Curious to know if a dacquiri hot sealed (like by a seal o matic) in a plastic bag would be condsidered an open container by the open container law penal code 49.031?

ericwincott@yahoo.com (Eric) — Sun, 18 Oct 2009 17:14:00 -0600

Does the open container law include people walking down the street with an open alcoholic beverage?

vickig@valornet.com (Vic) — Sat, 12 Jun 2010 20:53:07 -0600

Is it against the law for a 21 year old and an 18 year old to have an unopened case of beer in their vehicle?

threconbn@yahoo.com (Just Saying) — Wed, 21 Jul 2010 14:54:55 -0600

You guys and Gals sound like a bunch of D-bag bottom feeders. Is it really that big of a deal not to drink and drive. WTF...........

lauramcc@hotmail.com (Laura ) — Sun, 08 Aug 2010 10:38:02 -0600

On July 23 I was a passenger in a vehicle and we were pulled over for doing 60mph in a 50mph and also a construction zone. I, being the passenger had received a ticked and/or Violation 1. OPEN CONTAINER IN A MOTOR VEHICLE-PASSENGER(#) 16 oz miller lite can. I had mentioned to the officer that it was unopened as the screw cap was screwed on. I am curious as to the amount of the ticket and also if I can do deffered? Am I guilty really?

lauramcc@hotmail.com (Laura ) — Sun, 08 Aug 2010 10:38:31 -0600

josefco_alvarez@sbcglobal.net (Jose F Alvarez) — Tue, 17 Aug 2010 13:29:15 -0600

Hi i got a ticket for open container in Kaufman co. Tx. whats the right procedure to handle this. do i appear before the date & declare my self guilty? is there any way to take a course or else so it wont be on my record? is my first time for this offense i had taken diffensive driv cours beffore plese help

bad_user007@yahoo.com (Paul) — Thu, 19 Aug 2010 12:27:19 -0600

I recently got a ticket for an open container in Austin, Tx for carrying a beer on 5th street. I looked up the law, and since there was no vehicle involved my lawyer friend suggested I fight it. After I enter a plea for not guilty they changed my citation to Possession/Selling Alcohol in a restricted area... My lawyer got them to change the citation back to Open Container, because it is against the law to change the citation after a plea has been entered.... well now I am waiting to see if the judge will dismiss the charge. I hate cops.

NIGHT501STALKER@MSN.COM (BILLY W. WALLACE ) — Fri, 19 Nov 2010 10:51:54 -0600

WHAT IS THE LAW AS REGARDS, DRIVING THRU A MARGARITA THROUGH THE WALL TYPE PLACE, WHO SERVES THROUGH THE WINDOW WITH A CUP AND STRAW?

will1030@gmail.com (my oh-so-smart son) — Sun, 15 May 2011 12:31:21 -0600

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

auxumn@earthlink.net (Autumn) — Thu, 02 Jun 2011 18:41:01 -0600

It is my understanding that drive thru margarita shops do not place the straw in the cup for you, therefor drinking it and driving would be illegal if you were drinking it. Don't they have that seal on the lid now in some places like at the bubble tea shops? I also learned that a 12 pak that is missing a few is an open container. A single beer bottle (unopened) is an open container, because it is out of its original packaging. They do however sell tall cans individually, and often have a paper bag on them. See what I mean, "OPEN CONTAINER" as long as you bought it that way and didnt open any of the package, you should be good. If you opened the box, put it in the trunk!

tinystrickland@yahoo.com (Jonny) — Fri, 18 Nov 2011 15:12:28 -0600

I am 19 and I recieved an open container ticket. This is my first offence and I would like to know if there is any way to get this off my record?

tinystrickland@yahoo.com (Jonny) — Fri, 18 Nov 2011 15:12:58 -0600

I am 19 and I recieved an open container ticket. This is my first offence and I would like to know if there is any way to get this off my record?

tinystrickland@yahoo.com (Jonny) — Fri, 18 Nov 2011 15:13:27 -0600

I am 19 and I recieved an open container ticket. This is my first offence and I would like to know if there is any way to get this off my record?