The State of Texas has a law that prohibits the possession of an open container of alcohol in a vehicle. This offense is referred to as “possession of alcoholic beverages in motor vehicles.”
An individual may be charged with this offense if they knowingly possess an open container of alcohol in the passenger area of a motor vehicle while traveling on a public highway. In Texas, a public highway is defined as any:
- Public road;
- Street;
- Highway;
- Interstate;
- Right-of-way; or
- Other areas that are open to the public for travel in a motor vehicle.
Areas that are considered open to the public for the purposes of this law include private properties such as grocery store parking lots and shopping centers. Essentially, any business or office building parking lot will be considered a public highway for the purposes of this law.
Does It Matter if the Vehicle Is Parked?
Pursuant to Texas Penal Code 49.031, an individual may be charged with possession of an open container of alcohol while in a moving vehicle if the vehicle is:
- Parked
- Stopped, for example, on the side of the road;
- In motion.
If an individual has any questions regarding the definition of a moving vehicle, they should consult with a local Texas attorney.
How Does Texas Define “Open Container”?
Under Texas open container laws, an individual commits an open container violation when they possess an alcoholic beverage that is open. This includes an open beer can or open liquor bottle. The individual who is caught with the open container of alcohol must be in the passenger area of the moving vehicle.
In the State of Texas, the passenger area includes consoles and unlocked glove compartments. Possession of more than one open container of alcohol by a single individual in a motor vehicle is a single offense.
The term open container applies to any alcoholic beverage in a container that can be opened so that the alcoholic beverage inside can be consumed by the individual who possesses it. It may be any type of container in which alcoholic beverages are typically sold or from which they are consumed, for example:
- Cans;
- Bottles;
- Any other container that:
- Is open;
- Has been opened;
- Has alcoholic contents partially removed;
- Has a broken seal.
Can I Be Charged if the Open Container Was in the Glove Compartment?
Under Texas state law, the passenger area of a vehicle is the area that is designed for seating passengers. The passenger area does not include:
- The vehicle’s trunk;
- A locked glove compartment;
- Other locked compartments inside the passenger area of the vehicle;
- The vehicle’s storage area; or
- If the vehicle does not have a trunk, behind the last upright seat of the vehicle.
This means that if the glove compartment is locked, an individual can store an open container of alcohol inside. However, if the glove compartment is not locked, an individual cannot store open containers of alcohol inside.
Are There Any Exceptions to the Open Container Law in Texas:
The open container law in Texas does not apply to passengers in certain types of vehicles. A passenger can possess an open container of alcohol in certain areas of vehicles, including:
- In the passenger area of a motor vehicle that is used primarily for the transportation of individuals for compensation, including such vehicles as:
- Buses;
- Taxis;
- Limousines; and
- In the living area of a:
- Motor home;
- Self-contained camper;
- Other recreational vehicles.
As discussed above, an open container of alcohol may be placed in a locked compartment such as a glove compartment or a trunk. If a vehicle does not have a trunk, the open container may be placed behind the last upright seat in the vehicle.
What Is the Punishment for Possessing an Open Container in Texas?
In Texas, possession of an open container in a vehicle is a Class C misdemeanor. This means that an open container conviction may result in a $500 criminal fine.
An individual who possesses an open container of alcohol in a motor vehicle and is stopped by law enforcement can receive a written citation as well as a notice to appear in court. So long as the individual signs the notice and promises to appear in court at a later date, they will be released and not arrested or taken to jail.
Is the Penalty Enhanced if I Was Driving While Intoxicated (DWI) With an Open Container?
Possession of an open container of alcohol may enhance the penalties for driving while intoxicated conviction. The minimum jail sentence for the first DUI/DWI for an adult in Texas is typically three days.
It is important to note, however, that it is possible for an individual to receive a sentence of up to 180 days. An individual’s first DWI conviction that involves possession of an open container in a motor vehicle may result in a minimum sentence of six days in jail.
It is also a criminal offense in Texas to operate an amusement park ride while in possession of an open container of alcohol. It is also illegal in Texas to assemble an amusement park ride or to operate the ride while intoxicated.
Similar to a DWI conviction, possession of an open container while violating the amusement ride law will increase the minimum jail sentence from three days to six days. The offense of assembling or operating an amusement park ride while Intoxicated is a Class B misdemeanor in Texas.
The penalty for a Class B misdemeanor in Texas is:
- Imprisonment for at least 72 hours and up to 180 days;
- A fine of up to $2,000;
- A combination of both.
These penalties are already serious, and there is also the potential for additional penalties to be imposed. There are many issues that may complicate an individual’s first offense of an intoxication-related charge.
Some of the main issues related to a first offense may include:
- An individual could be charged with assembling or operating an amusement park ride while intoxicated while there was also an open container of alcohol nearby. If that is the case, they could also be charged with an open container offense;
- If convicted of both offenses, the minimum jail term may be increased by an additional 3 to 6 days;
- An individual could be operating or assembling an amusement park ride while intoxicated, then an accident occurs, and an individual is injured or killed. In that case, the perpetrator faces additional charges, for example, intoxication assault or intoxication manslaughter;
- This may result in a term of imprisonment for multiple years or even decades, as well as hefty fines and civil liability to the victim;
- If more than one individual is injured or killed, each one will represent a separate offense;
- Depending on the circumstances and any prior convictions, an individual’s driver’s license may also be suspended for up to two years for a first offense.
An individual may be charged with and convicted of operating an amusement ride while intoxicated and then receive their first DWI a year later. If that is the case, the DWI will be classified as a Class A misdemeanor because it is considered a second offense, even though it is, technically, a different offense.
A second Class A misdemeanor offense is punishable by a term of imprisonment for 30 to 365 days and a criminal fine of up to $4,000. A third or subsequent offense will be charged as a third-degree felony, which is punishable by 2 to 20 years in prison and criminal fines of up to $10,000.
Do I Need a Lawyer for My Charge?
You might violate an open container law in Texas. If you have, it may lead to serious criminal fines as well as a criminal record involving alcohol-related convictions. If your crime is combined with a DWI conviction, the situation will become even more serious.
If you are facing any charges involving alcohol in Texas, it is essential to consult with a Texas criminal lawyer. Your lawyer will represent you during any court appearances, ensure your rights are protected, and, if possible, try to have the charges against you reduced.
