Walk It Through: The Road Trip

Fifteen and older in every seat, an open container even when parked, and a license that is invalid.

A teenage nephew and an adult friend climb into the back seat and leave their belts off.

Two things a person in this spot might do. Picking one shows what the law says about it.

One trip with a car full of friends. Child safety seats, the defenses for delivery work, and the intoxicated driving open container rule are not worked through here.

A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.

Words this turns on

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

Class C misdemeanorThe lowest offense level, for which the Penal Code sets a fine of up to $500.
IntoxicatedEither not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug or any other substance, or having an alcohol concentration of 0.08 or more.
Open containerA 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 one in the passenger area of a vehicle on a public highway is an offense.
Written notice to appearThe citation an officer issues showing the time and place to appear. For speeding, a phone violation and an open container, a person who signs the written promise to appear is given the copy and promptly released.