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?