Open Container Ticket In Texas

Texas considers possession of an open container to be a class c misdemeanor.

Open container ticket in texas. Other convictions can be dismissed only after a pardon by the governor. In the state of texas possession of an open container is a class c misdemeanor in other words it s a traffic ticket. This means it s essentially a traffic ticket provided your bac is below 0 08 and you were not committing any other crime at the time you were stopped. Open container offenses dwi arrests often someone is charged with possession of an alcoholic beverage in motor vehicle open container at the same time they are charged with driving while intoxicated dwi.

Texas prohibits open containers in any seating area of a vehicle including the driver s side passenger side or backseat. In texas violating the state s open container law is a class c misdemeanor punishable by a fine not to exceed 500. You and or your passengers will be issued a ticket to pay a fine. Possession by a person of one or more open containers in a single criminal episode is a single offense.

What is the punishment for an open container in texas. The maximum fine is 500. You cannot be ticketed. Current open container law in texas was enacted as part of the state s push to make the law stricter on driving under the influence and to comply with the federal transportation equity act so the state wouldn t lose funding.

As long as your blood alcohol concentration is below 08 and you aren t committing any other crimes in the process you your buddies will be issued a ticket and a fine. 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. 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. The open container law in texas does not apply to the passenger areas of a motor vehicle designed maintained or used primarily for the transportation of persons for compensation including a bus uber lyft getme taxicab or limousine.

Texas penal code sec. B 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.