In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.
Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.
Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.
In Texas, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public roadway, according to the Texas Penal Code. This applies regardless of whether the vehicle is being driven, stopped, or parked. The passenger area is considered any area designed for the driver or passengers to sit, excluding a locked glove compartment or the vehicle's trunk. Violation of the open container law is a Class C misdemeanor, which typically results in a fine. However, Texas does not impose a driver’s license suspension or jail time for an open container violation alone. It's important to note that this law applies to all occupants of the vehicle, not just the driver. Additionally, some exceptions exist, such as when the vehicle is a taxi, bus, or limousine, or if the passenger area is in a motor home. These regulations are designed to discourage drinking and driving and to promote public safety on the roads.
