OPEN CONTAINER, POSSESSION OF OPEN ALCOHOLIC  BEVERAGE

What is it? Possession of an Alcoholic Beverage in a Motor Vehicle, also known as possessing an Open Container, is where an individual knowingly possesses an open container of alcohol in a passenger area of a motor vehicle.

What makes it illegal?  The Texas Alcoholic Beverage Code Sec. 49.031.   POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE 
(OPEN CONTAINER LAW) makes it illegal for a person to 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.

What are the Punishments? For individuals arrested for Possession of an Alcoholic Beverage in a Motor Vehicle, also known as possessing an Open Container, the offense is a Class C Misdemeanor, meaning the individial could face fines of up to $500. An offense under this section is not a jailable offense.

Common Criminal Cases Involving Possession of an Open Container of Alcoholic Beverage in a Motor Vehicle, Arrests: The most common Open Container arrests are the result of being stopped in a car where an officer personally observed an individual drinking alcohol.

 

ALCOHOLIC BEVERAGE CODE Sec. 49.031.   POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE

Sec. 49.031.  POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE (OPEN CONTAINER LAW).   (a)  In this section: (1)  "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. (2)  "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include: (A)  a glove compartment or similar storage container that is locked; (B)  the trunk of a vehicle; or (C)  the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (3)  "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (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. Possession by a person of one or more open containers in a single criminal episode is a single offense. (c)  It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1)  the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2)  the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. (d)  An offense under this section is a Class C misdemeanor. (e)  A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.

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