lawyer who wrote open container law in texas

What is open container in Texas?

Specifically, it defines the term open container to mean a bottle, can, or other receptacle that contains any amount of alcoholic beverage that is open, has been opened, has a broken seal, or the contents have been partially removed.

What is the penalty for not complying with the Texas open container law?

The party will then have to go to court at the designated time and location on the notice to appear. They will be exposed to a penalty of up to $500.

Is it illegal to have an open container on a road?

It is illegal to have an open container on any public road, street, highway, interstate, or other publicly maintained way that is used for motor vehicle travel. The only exception to this rule is if the container is located in any of the following places:

What is the penalty for a container of alcohol in a moving vehicle in Texas?

Under Texas Penal Code 49.031, knowingly possessing an open container of alcohol in moving vehicle is a Class C misdemeanor, and punishable by a $500 fine. Violating the law does not have to lead to an arrest.

Is it legal to drink while riding a bus in Texas?

In Texas, it is legal to drink while riding as a passenger on a bus, taxi or limousine. It is also within the law to drink while riding in the living quarters of a motor home.

Is it legal to carry an open container of alcohol?

Under the law, it is perfectly legal to carry an open container of alcohol so long as it is locked in the glove compartment or console, in the trunk or behind the driver’s seat, if you drive a pickup. The bottom line is that it has to be out of reach of all passengers.

Is it safe to open a container of alcohol on the side of a road?

However, being parked on the side of a public roadway is not a safe place to open a container of alcohol. A driver can be charged for violating the open container law anytime he or she is on a public roadway, even if the vehicle is parked.

Why is Texas open container law?

The current open container law in Texas was part of a push to make the laws around drinking and driving stricter. Moreover, they had to comply with the Federal Transportation Equity Act to ensure the state received funding.

What is an open container in Texas?

For instance, “open container” applies to a bottle, flask, or other container with any level of alcohol in it that is currently open or has been opened. Put simply, a previously opened bottle of whiskey counts under the open container law in Texas.

What is the penalty for open container?

This level of misdemeanor carries fines of up to $2,000 with potential jail time of up to 180 days.

What is the penalty for possession of an open container in a car?

On its own, possession of an open container in a vehicle is a Class C misdemeanor. The base penalties include a fine of up to $500. It carries no mandatory jail time.

What is an Open Container?

There’s a big difference between an open container and an empty container. An empty bottle may be circumstantial evidence of alcohol consumption, but it’s not an “open container” under 49.031.

Knowledge and Possession

In addition to attacking technical aspects of the law, it’s also possible to challenge these citations based on their merits.

Team Up with an Assertive Harris County Lawyer

Do not take open container violations lightly. For a free consultation with an experienced criminal defense attorney in Houston, contact Jim Medley Defense Lawyer.

When was the Texas open container law passed?

Today’s open container law was first passed in 2001. The Texas open container law was a significant aspect of the state of Texas becoming stricter on driving and drinking.

What is an open container in Texas?

An open container in Texas refers to any unsealed flask, can, bottle, or other device used for holding alcohol. For instance, an open can of beer or half bottle of vodka is considered to be open containers of alcohol.

What is the fine for possession of an open container in Texas?

In Texas, the open container fine is a maximum of $500.

What happens if you get a misdemeanor in Texas?

Getting a misdemeanor from the open container law in the state of Texas can affect financial aid and college admissions for students, potentially licensure and employment for professionals, and higher insurance costs as well.

Is it a crime to have an open container of alcohol in a car?

An open container of alcohol only becomes a crime if it is located in a motor vehicle’s “passenger area.”. What that means is that the open container would have to visible as well as within reasonable reach of the driver’s seat (in the back seat rolling around, on the passenger seat, in a cup holder, etc.).

Is an open container charge the same as a DWI?

A violation of the open container law isn’t the same thing as a DWI. That means that the Texas open container law doesn’t place you at risk of immediate arrest or time in jail as long as you are actually sober when the traffic stop occurs. However, an open container charge can become a lot more serious if it is discovered ...

Can you be charged for possession of an open container?

Technically the open container is within the “passenger area,” and both the vehicle’s driver and passenger who has the alcohol can be charged for possession of an open container, even when the driver is 100% sober.

What is an open container in Texas?

The Texas Penal Code expressly defines an open container as 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.”

Can you drive while intoxicated in Texas?

You should know that you can face open container charges with or without accompanying charges for driving while intoxicated (DWI) in Texas. To be sure, an open container violation can accompany DWI charges in or around Houston, but you can also face stand-alone open container charges if you are stopped for any lawful reason and you are in possession of an open container within the passenger area of your motor vehicle.