What You Need to Know About Open Container La

In the United States, there are eight states that allow passengers to have an open container of alcohol in the car—Texas is not one of them. The Lone Star State is actually known for its strict DWI offenses and open container laws, however, it is possible to defend against these charges. Here’s what you need to know about Texas’s open container laws.

What Is an Open Container?

According to Section 49.02 of the Texas Penal Code, an “open container” is: a bottle, can, or other receptacle that contains any amount of alcoholic beverage that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

Is There Anywhere I Can Legally Keep Alcohol in the Car?

An open container is considered illegal anywhere in the passenger area of the car. However, an open container can legally be transported if it’s in the:

Locked glove compartment or similar storage container;
Truck of the car; or
Area behind the last upright seat of the car, if there is no trunk.

What If I’m Parked?

Doesn’t matter, you can still get cited for an open container violation. Even if you are in your driveway or the parking lot of a mall, you are still breaking the law.

What Are the Penalties?

In Texas, an open container violation is a Class C misdemeanor. A conviction in Texas will result in a fine of no more than $500. However, if you are also charged with a DWI, your open container violation can be upgraded to a Class B misdemeanor, which could result in jail time, a hefty fine, and losing your license and existing insurance coverage.

If you have been arrested for DWI or an open container, please contact our Houston DWI lawyers at Tyler Flood & Associates immediately.

Call or contact us online for a free consultation.

Contact Form

Client Testimonials

"Tyler and his team are top notch—with years of experience under their belts they know what strategy will work to advocate for the best possible outcome. They are knowledgeable, professional, and courteous. Like a doctor, you never know you hire a bad attorney until it’s too late, and don’t take a gamble and retain someone else, especially when the clock starts running quickly, once you are arrested for a DWI. Run, don’t walk, to retain Flood and Associates!"

- Alyssa S

a Google user
"So. I can't say enough about Tyler Flood and Associates! BRAVO!! I had a 3rd DWI and my daughter Googled Tyler & Co. Who are DWI SPECIALISTS! I set up an appointment, and was impressed with their knowledge on the Laws and Science of DWI cases! Hank👍💥💥💥💥💥👌"

- Hank Baerga

a Google user
"Tyler Flood did an excellent job in taking care of my situation when no other attorney could do so. He kept communication open by way of text messages and phone calls, I was inform in every step along the way and he represented me well in court. His assistant Andrea was very quick in responding to my emails, I felt comforted by their genuine concerns of my case. Highly recommended"

- Tamra Elwell

a Google user
"Tyler Flood and associates are an astronomical team. Tyler was aggressive when needed to be and very professional during my trail. He left no stone unturned. I highly reccomend Mr. Flood if you ever find yourself in a situation such as myself. The not guilty verdict for a dwi was the best! "

- Magaly

an Avvo user
"Great experience under terrible circumstances...when your future is at risk, the attorney you chose could decide your fate..Flood & associates took my case personal...I felt I was represented by family...highly recommend Tyler to everyone!"

- Brent

a Google user
"I personally want everyone to know, this is the best law firm for dui issues! They are professional and responds all the time, communications between the office and myself was on par at all times and bottom line. MY CASE WAS DISMISSED!!!"

- TW David C.

a Yelp user
"Tyler did a great job for me. I never felt like he wanted me to settle. In fact he would encourage me to hang in there and go to trial. In the end my DWI was dismissed the day of trial. I would definitely recommend them."

- Robin

a Google user