Open Container Violation In Texas

However the law doesn t apply to some areas of a vehicle or to passengers in certain types of vehicles.

Open container violation in texas. Search by keyword or citation. In fact this is one of only two criminal laws in texas that you cannot be arrested for. 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. An open container is defined by the texas penal code as any bottle can or other receptacle where the seal is broken and the alcoholic contents are partially removed if a police officer sees an open container in your vehicle that is sufficient to give the officer probable cause to search your care without having to get a.

Texas penal code 49 031. If you receive an open container ticket by itself you will not be required to spend time in jail. In texas violating the state s open container law is a class c misdemeanor punishable by a fine not to exceed 500. The nelson firm open container violation driving while intoxicated dwi defense attorney houston open container texas we have discussed texas open container laws many times before.

Can i be arrested for violating the open container law in texas. As long as you are on a public road street highway interstate or other publicly maintained way you can be charged if you have open drinks in a vehicle. However if you are on parole or probation an open container violation could be more severe. 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.

This article provides an overview of texas s open container law and the penalties for a violation. Violation of the open container law in texas is a class c misdemeanor and bears a maximum fine of 500. Search by keyword or citation. The other is speeding the texas penal code explicitly states what a cop can do.

Open container law in texas and jail time. Is an open container violation the same as a dwi. 1 open container means a bottle can or other receptacle that contains any amount of alcoholic beverage and that is open that. Yes texas law doesn t require for your vehicle to be in motion to be cited for an open container violation.

B if the person is a resident of or is operating a vehicle licensed in a state or country other than this state subsection a applies only as provided by chapter 703. Texas s open container law generally prohibits possession of open containers of alcohol in a motor vehicle. Possession by a person of one or more open containers in a single criminal episode is a single offense. And 2 the person makes a written promise to appear in court as provided by section 543 005.

To briefly recap if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle you can be cited for a class c.