Apr. 24, 2019

What You Need to Know About Open Container Laws in Texas

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Lawyers Practicing DUI / DWI in Harris County, TX

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In the United States, there are eight states that allow passengers to have an open container of alcohol in the car—Texas is not one of them. The Lone Star State is actually known for its strict DWI offenses and open container laws, however, it is possible to defend against these charges. Here’s what you need to know about Texas’s open container laws.

What Is an Open Container?

According to Section 49.02 of the Texas Penal Code, an “open container” is: a bottle, can, or other receptacle that contains any amount of alcoholic beverage that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

Is There Anywhere I Can Legally Keep Alcohol in the Car?

An open container is considered illegal anywhere in the passenger area of the car. However, an open container can legally be transported if it’s in: locked glove compartment or similar storage container, trunck of the car or and area behind the last upright seat of the car.

What If I’m Parked?

Doesn’t matter, you can still get cited for an open container violation. Even if you are in your driveway or the parking lot of a mall, you are still breaking the law.

What Are the Penalties?

In Texas, an open container violation is a Class C misdemeanor. A conviction in Texas will result in a fine of no more than $500. However, if you are also charged with a DWI, your open container violation can be upgraded to a Class B misdemeanor, which could result in jail time, a hefty fine, and losing your license and existing insurance coverage.

If you have been arrested for DWI or an open container, please contact our Houston DWI lawyers at Tyler Flood & Associates immediately.

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Tyler Flood
Attorney Tyler Flood is a highly influential, larger-than-life fixture in the Houston community. As a local DWI attorney in Houston, he has had great success and has won many difficult cases. He’s helped clients reduce their DWI penalties and, in many cases, successfully had their charges dismissed altogether. Beginning with his love for the Houston Astros, Tyler is a true Texan for many reasons ...read more

Original article can be found here: https://www.tylerflood.com/news/what-you-need-to-know-about-open-container-laws-in-texas/