Vehicle · Open container
Open Container Law in Texas
Whether an open container of alcohol is allowed in a car in Texas, who it applies to, the penalty, and the narrow exceptions for a limo, bus, or the living quarters of a motorhome. Cited to the statute.
What the open container law bans in Texas
Where the ban applies inside the car, who it covers, and the vehicles and containers it does not reach.
| What the law bans | What it means |
|---|---|
| No open container in the passenger area | Under Penal Code §49.031, a person commits an offense by knowingly possessing an open container in the passenger area of a motor vehicle on a public highway, whether the vehicle is being driven, stopped, or parked. |
| Driver and passengers alike | The ban is not limited to the driver. Any occupant who knowingly possesses an open container in the passenger area can be charged. |
| Any amount, once opened | An open container is any bottle, can, or receptacle that holds any amount of alcohol and that is open, has been opened, has a broken seal, or has had part of its contents removed. |
| Where it does not apply | What it means |
|---|---|
| For-hire vehicle passengers | The passenger area does not include the area occupied by passengers in a bus, taxicab, or limousine, or the living quarters of a motorhome or self-contained camper. |
| Trunk or locked storage | The passenger area excludes the trunk and, in a vehicle without a trunk, a locked glove compartment or the area behind the last upright seat. An open container kept there is not an offense. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in Texas. This is legal information, not legal advice.
- Keep alcohol sealed or in the trunk
Carry alcohol in unopened containers, or keep any opened container in the trunk or locked storage, not in the passenger area.
- Know the passenger area is broad
The passenger area includes cupholders, the glove box if unlocked, and any spot an occupant can reach while seated. Do not leave an opened container within reach.
- Do not assume passengers are exempt
Any occupant who knowingly possesses an open container can be charged. Each person is responsible for their own container.
- Respond to the citation
An open-container charge is a Class C misdemeanor handled by citation. Appear or respond by the date on the notice, or arrange to contest it.
An open container charge is usually a minor offense, but it can add up with other citations. A local traffic attorney or public defender can explain how it is handled where you were stopped.
→ Texas Alcoholic Beverage CommissionThis is general legal information, not legal advice. How the ban is charged, and what counts as the passenger area, can turn on the facts, so confirm your situation against the statute.
What drivers in Texas get wrong about open containers
Texas makes it illegal to keep an open container of alcohol in the passenger area of a car, and Penal Code §49.031 is specific about it: a person commits an offense by knowingly possessing an open container in the passenger area of a vehicle on a public highway, whether the vehicle is moving, stopped, or parked. An open container is any bottle or can that holds any amount of alcohol and has been opened, has a broken seal, or has had part of its contents removed. The rule reaches the driver and every passenger. What counts as the passenger area is broad, covering cupholders and any spot an occupant can reach, but it does not include the trunk or, in a car without a trunk, a locked glove box or the space behind the last upright seat. Passengers in a bus, taxi, or limousine, and people in the living quarters of a motorhome, are excepted. The offense is a Class C misdemeanor, punishable by a fine up to $500.
Common questions
Can a passenger drink in a car in Texas?
No. Penal Code §49.031 bans any occupant, driver or passenger, from knowingly possessing an open container in the passenger area of a car on a public highway, and consumption is not allowed either.
What is the fine for an open container in Texas?
An open-container offense is a Class C misdemeanor, punishable by a fine up to $500. It carries no jail time on its own, though it can add jail to a related DWI charge.
Can I keep an open bottle in the trunk in Texas?
Yes. The trunk is not part of the passenger area. In a car without a trunk, a locked glove box or the area behind the last upright seat is also outside the ban.
Is an open container the same as a DWI in Texas?
No. It is a separate, less serious offense. But if an open container is present during a DWI arrest, it can raise the minimum jail term on the DWI.
Does the open-container law apply when the car is parked in Texas?
Yes. The offense applies regardless of whether the vehicle is being operated, stopped, or parked, as long as it is on a public highway.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.