Texas Open Container Law
Chapter 49 of the Texas Penal Code, known mostly for the Texas DWI statutes, includes the Texas “Open Container” law. When most folks talk about the Open Container law, they are referring to whether or not it is legal to have an open alcoholic beverage (beer, wine, or liquor) in the passenger area of a car.
I usually see two areas of confusion regarding the public’s awareness of this particular charge. These are covered in Section 49.031, Possession of Alcoholic Beverage in Motor Vehicle.
Many people seem to believe that there is a front seat/back seat distinction, but there’s not. Also, drivers and passengers are included. With few exceptions, it’s not legal to have an open container of beer or other alcohol in your car in Texas.
The exceptions? (1) passengers in taxis, buses, limos and (2) motor homes and RVs.
Also, it is legal to keep it in a locked glove compartment or trunk. If the car has no trunk, it may be stored in the area behind the last upright seat.
Assuming that the Open Container violation is the only offense that the officer witnesses, it is one of the few Class C crimes in Texas that the police must issue a citation for, rather than being given the discretion to arrest. (As opposed to seatbelt and most other traffic violations, which are arrestable offenses.)
Finally, this is not to be confused with the DWI with Open Container provision, contained in 49.04, the main Texas DWI statute, which raises the minimum term of confinement for DWI convictions from 72 hours to six days.
Is the driver liable for a ticket if other passengers in the vehicle have open containers even if the driver does not have an open container? If it is a company vehicle, is the company liable for a ticket?
If the driver liable for a ticket if other passengers in the vehicle have open containers even if the driver does not have an open container? Does all passengers possessing an open container receive a ticket or just the driver?
If I was driving the car and there was a passenger in the back seat with an open container I would still be at fault also correct??? and if so what would my punishment be??
I met some friends for drinks and to see a band at a local bar. Once the band finished playing I decided not to drive and asked to ride with a friend who had not been drinking. We were pulled over for a "dim license plate light" the officer asked to search the truck and found an empty bottle under the seat and cited all three with an open container. This was not myne, not my vehicle, and I had no knowledge of what is or was under their seat. I was trying to be responsible and everyone is telling me to plead no contest is this the best action to take?
I'm curious about people drinking and driving golf carts while playing golf. By definition a golf cart is a motor vehicle. Yet you see people driving carts while in possesion of open containers and sometimes intoxicated using public roads to gain access to golf courses.
Per TABC if a golf course operator has a liquor license then the entire premises including the course is designated a public place regardless if it's a private or not.
It therefore seems this conduct would violate state law to have open containers in a golf cart or constitute a DWI if intoxicated would it not?
§ 49.01. DEFINITIONS
3) "Motor vehicle" has the meaning assigned by
Section 32.34(a).
§ 32.34(a)
"Motor vehicle" means a device in, on, or by which
a person or property is or may be transported or drawn on a highway,
except a device used exclusively on stationary rails or tracks.
§ 49.04. DRIVING WHILE INTOXICATED. (a) A person
commits an offense if the person is intoxicated while operating a
motor vehicle in a public place.
(c) If it is shown on the trial of an offense under this
section that at the time of the offense the person operating the
motor vehicle had an open container of alcohol in the person's
immediate possession, the offense is a Class B misdemeanor, with a
minimum term of confinement of six days.