Open Container
Penal Code 49.031 — the passenger area, even parked, and a citation
In Texas it is an offense to knowingly possess an open container in the passenger area of a motor vehicle on a public highway, whether the vehicle is being driven, stopped or parked. An open container is a bottle, can or other receptacle holding any amount of an alcoholic beverage that is open, has been opened, has a broken seal, or has had some of its contents removed. Possessing more than one in a single episode is one offense.
- The passenger area does not include a locked glove compartment or similar storage container, the trunk, or the area behind the last upright seat of a vehicle that has no trunk.
- A passenger in a bus, taxicab, limousine or other vehicle used mainly to carry people for pay is excepted.
- So is a passenger in the living quarters of a motor home, self contained camper or recreational vehicle.
A Class C misdemeanor, and the officer issues a citation instead of taking the person to a magistrate. An officer charging this offense issues a written citation and notice to appear, and releases the person who signs a written promise to appear. A public highway here means the entire width of a publicly maintained way open to vehicle travel, including its right of way.
An open container in the driver's immediate possession also raises the minimum confinement for driving while intoxicated, set out on the DWI page.
Sources for this section (2)
- Penal Code 49.031 — Possession of alcoholic beverage in motor vehicle
- Penal Code 49.04 — Driving while intoxicated
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.