What Is The Open Container Law In Texas

In texas a person violates the open container law 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.

What is the open container law in texas.

Under texas penal code 49 031 it s illegal to knowingly possess an open container of alcohol in a vehicle on a public highway regardless of whether the vehicle is being operated or is stopped or parked. Texas s open container law generally prohibits possession of open containers of alcohol in a motor vehicle. 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. First let s look at the definition of open container.

The original statute only made it illegal to drink alcohol in a vehicle. Texas open container laws only apply to passenger vehicles in which the driver is the owner of the car. To understand texas open container laws it s important to know what an open container actually is. According to the law 49 031 a 1 an 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.

Open container law texas. Texas open container law section 49 031 b of the texas penal code states. It was still technically legal to possess an open container in an unlocked glove compartment or center console so long as nobody was actually drinking. Arkansas only adopted its open container law in 2017.

However the law doesn t apply to some areas of a vehicle or to passengers in certain types of vehicles. This article provides an overview of texas s open container law and the penalties for a violation. These vehicles comes with the implication that the passengers are not taking part in the actual driving of the vehicle themselves. Texas prohibits open containers in any seating area of a vehicle including the driver s side passenger side or backseat.

They do not apply to passengers of public transit vehicles like buses taxis or limousines.