Understanding Open Container Criminal Offenses In Texas

Last Updated on July 29, 2025 by Beltz Law Group

Understanding the Texas Open Container Law: What You Need to Know

In Texas, an “Open Container” charge might seem minor, but it can carry surprising consequences and is often misunderstood. At The Beltz Law Group, we frequently help clients navigate these charges. This article will outline what constitutes an “open container” in Texas, the potential penalties, and how our experienced legal team can assist you in defending your case.

What is an “Open Container” in Texas?

The definition of an “open container” under Texas law is crucial and broader than many people realize. According to Texas Penal Code Section 49.031(a)(1) and Texas Alcoholic Beverage Code Section 109.35(e), an “open container” means:

• A bottle, can, or other receptacle that contains any amount of alcoholic beverage; AND
• Is open, has been opened, has a broken seal, or the contents of which are partially removed.

This means that even if a bottle of wine has been re-corked, a beer can has been opened and then closed, or a half-empty flask with a lid, they are all considered “open containers” if they contain alcohol. An empty container is generally not considered an open container.

Where is an Open Container Illegal?

The primary focus of Texas’s open container law is motor vehicles on a public highway.

Texas Penal Code Section 49.031(b) states that a person commits an offense if they:

• Knowingly possess 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.

Let’s break down these key elements:

• “Passenger area of a motor vehicle”: This includes the driver’s seat, passenger seat, backseats, and any other area accessible to the driver or passengers while the vehicle is in motion or parked.
• “Public highway”: This is a broad term that includes all public roads, streets, interstates, highways, and even the shoulder or right-of-way. It also generally applies to publicly maintained parking lots.
• “Regardless of whether the vehicle is being operated or is stopped or parked”: This is a critical point. You can be cited for an open container even if your car is not moving, as long as it’s on a public highway.

Exceptions to the Rule: Where are Open Containers Allowed in Vehicles?

There are specific exceptions where an open container is legally permitted within a vehicle:

• Trunk: An open container can be legally transported in the trunk of your vehicle.
• Locked Glove Compartment or Other Locked Storage Area: If your vehicle has a locked glove compartment or similar locked storage area, an open container can be kept there.
• Behind the Last Upright Seat: If your vehicle does not have a trunk (e.g., some SUVs, hatchbacks), an open container can be stored in the area behind the last upright seat.
• Commercial Vehicles Designed for Passenger Transport: This includes buses, taxis, limousines, and other vehicles primarily used for compensated passenger transport, provided the open container is possessed by a passenger and not the driver.
• Living Quarters of Recreational Vehicles (RVs) / Motor Homes: Open containers are generally allowed within the living quarters of an RV, motor home, or self-contained camper.
• Sealed “To-Go” Alcoholic Beverages: As a result of recent changes, restaurants can sell alcoholic beverages for “to-go” or delivery in tamper-proof, sealed containers. These must remain sealed until you reach your destination and are no longer operating the vehicle.

Penalties for an Open Container Violation

In Texas, an Open Container violation (under Penal Code Section 49.031) is typically a Class C misdemeanor.

• Maximum Fine: Up to $500.
• No Mandatory Jail Time: For a standalone open container charge, you will generally not be arrested or face jail time. Instead, you’ll receive a citation or ticket.

Important Considerations:

• Conviction on Your Record: Paying the fine often results in a conviction on your permanent record. This can have unforeseen consequences for background checks, employment, and even insurance rates.
• Enhancement for DWI: An open container violation can become much more serious if it’s coupled with a Driving While Intoxicated (DWI) charge. If you are convicted of DWI and also had an open container, the minimum jail time for the DWI can be increased (e.g., a minimum of six days in jail). It can also negatively impact any probation you might be on for a previous DWI.
• Local Ordinances: Be aware that some municipalities in Texas may have additional local ordinances that prohibit open containers or public consumption of alcohol in specific areas, even outside of a vehicle. These local laws (such as those for central business districts or near schools) are separate from the statewide vehicle open container law and can also result in Class C misdemeanor charges.

How The Beltz Law Group Can Help

While an open container charge might seem minor, having a conviction on your record can have long-term implications. The experienced criminal defense attorneys at The Beltz Law Group can assist you in defending against an open container charge by:

• Reviewing the Facts: We will thoroughly examine the details of your stop, including the reason for the stop, the officer’s actions, and the location of the container.
• Challenging Probable Cause: We can assess whether the officer had a lawful reason to stop your vehicle or to search for an open container.
• Verifying the Definition: We can argue if the item in question truly met the legal definition of an “open container” at the time of the alleged offense.
• Exploring Exceptions: We will determine if your situation falls under any of the legal exceptions (e.g., container in the trunk, or in an RV).
• Negotiating with the Prosecution: In many cases, we can negotiate with the prosecutor for a dismissal, deferred disposition (which can lead to dismissal if conditions are met and prevent a conviction on your record), or a reduction of the charge.
• Representing You in Court: If a favorable agreement cannot be reached, we are prepared to represent you aggressively in court.

Don’t let a seemingly minor open container ticket become a permanent mark on your record. Contact The Beltz Law Group today at 214-321-4105 for a confidential consultation to discuss your specific case and understand your options.