Comments on Texas Open Container Law | Austin DWI Lawyer

chris@grandmarkmortgage.com (Chris) — Sun, 06 Jan 2008 15:10:49 -0600

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?

scribnerps@sbcglobal.net (ken scribner) — Thu, 06 Mar 2008 10:02:19 -0600

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?

theconklins06@hotmail.com (Courtney) — Sat, 31 May 2008 00:11:31 -0600

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??

karengottner@yahoo.com (karen) — Mon, 16 Jun 2008 21:12:46 -0600

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?

tejaus@yahoo.com (Mark) — Sat, 19 Jul 2008 23:08:18 -0600

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.

maritsapolanco@yahoo.com (maritsa) — Thu, 07 May 2009 22:41:17 -0600

you said that you could have alcohol in your vehicle if it was locked in the trunk or compartment or if it was behind the last upright seat. would this also work if you have an suv and the last seat is upright and the alcohol is in the very back. unopened container of course.

spyrah@hotmail.com (Jenny) — Tue, 26 May 2009 23:51:52 -0600

"Also, it is legal to keep it in a locked glove compartment or trunk"... then why is it that i got a citation for an open container when i had it in the trunk? can i fight this? the officer even did the pen test on me in which i passed, i was completly sober!

retcop107@yahoo.com (steve) — Sun, 07 Jun 2009 22:30:00 -0600

Is there a law in texas that prohibits having empty alcohol containers in a motor vehicle

tombeck05@att.net (Tom A) — Mon, 09 Nov 2009 16:16:19 -0600

i just received a ticket for open container that was all i am a cdl licensed what could that do to me if any thang can i help

thanks

Tom A

tombeck05@att.net (Tom A) — Mon, 23 Nov 2009 12:31:21 -0600

yes i got a open container ticket i am a cdl driver is there any thang to really worrie about i no i should just try to get deferred dissposoition is that the best i can hope for

Thanks
Tom A

dannyd34@excite.com (Dan) — Wed, 09 Dec 2009 10:00:11 -0600

Question- I received an open container ticket in Martindale for an empty and smashed beer can I was holding when a friend I was riding with was pulled over for a speeding ticket. I had not been drinking the beer in the car and was carrying it till I could throw it away in a trash can. Will this ticket stand up in court?

poej103@yahoo.com (Jeremy) — Tue, 22 Dec 2009 07:21:15 -0600

This is what you need to read and know.

coloradodui@aol.com (Colorado DUI Lawyer) — Mon, 01 Feb 2010 11:02:27 -0600

Colorado also has an open container law.

claude_bonanni@yahoo.com (CB) — Mon, 18 Oct 2010 18:16:47 -0600

I got pulled over and was asked to take a field sobriety test. Apparently i failed it, i was arrested and brought to the jail for the breathalyzer test. i passed, it was close, but i still passed. I was still taken to jail for an open container and that is all i was charged with. Were my rights violated by me being taken to jail? And if so, is there anything i can do to recover any cost associated with going to jail and car impoundment?

robertjohnstack@hotmail.com (robert) — Thu, 11 Nov 2010 09:43:17 -0600

Does any lawyer know what constitutes a "container?"
Does a cylindrical piece of sheet metal with no top or bottom constitute a container?

moreorlesr@yahoo.com (Les) — Tue, 28 Dec 2010 15:05:03 -0600

I'm in the patking lot of a Majestic Liqour Store/engine off/pop the top on a single beer/look up and see officer/beer in left hand outside passenger cabin/smile and set it outside vehicle on asphalt.

Cited for "open container'...

Bottle never inside vehicle/I did not consume

Valid charge?