When most people think of vehicles and alcohol-related crimes, they think of driving while intoxicated (DWI) charges. However, there are other vehicle and alcohol-related offenses, including today’s topic: Texas’ open container laws. Understanding these laws can help you avoid potential legal trouble and know your rights if you are accused of violating them.
What Are Texas Open Container Laws?
In the state of Texas, open container laws are statutes that prohibit people from drinking alcohol while in certain motor vehicles. An open container is defined as any receptacle that contains any amount of alcoholic beverage that is open or has been opened. This includes bottles, cans, or any other type of container that could hold alcohol.
- Open Container: Any bottle, can, or receptacle that has been opened, had its seal broken, or partially consumed.
- Applies to Passengers: Not only does this law apply to drivers, but it also applies to passengers in the vehicle.
- Vehicle Location: The law is applicable whether the vehicle is in motion, stopped, or parked on a public highway.
Legal Transport of Open Containers
While the open container law is strict, there are exceptions that allow for the legal transport of previously opened alcohol. Open containers can be legally transported in the following areas of a vehicle:
- Glove Compartment or Locked Storage: Open containers must be placed in a locked glove compartment or another locked storage container.
- Trunk: If your vehicle has a trunk, this is a legal place to store open containers.
- Behind the Last Upright Seat: In vehicles without a trunk, such as hatchbacks or SUVs, open containers can be placed in the area behind the last row of seats.
Open containers can also be legally transported in the following types of vehicles:
- Public Transportation: Passenger areas of motor vehicles designed, maintained, or used primarily for the transportation of persons for compensation, including buses, taxis, or limousines.
- Living Quarters of Recreational Vehicles: Living quarters of a motorized house coach or motorized house trailer, including self-contained campers, motor homes, or recreational vehicles.
It’s important to note that police can charge people for breaking open container laws even if they are parked. Therefore, actively driving a vehicle is not a necessary part of an open container charge.
Penalties for Open Container Violations
Violating Texas’ open container laws can lead to significant penalties. Understanding these can help you comprehend the severity of such an offense:
- Class C Misdemeanor: An open container violation is classified as a Class C misdemeanor.
- Fines: The penalty for an open container violation can include a fine of up to $500.
- No Jail Time: While there are no jail penalties associated with an open container violation alone, it can compound the severity of other offenses, such as a DWI.
If you are charged with an open container violation in conjunction with a DWI, the penalties can be more severe. The presence of an open container can be used as evidence of drinking while driving, potentially leading to enhanced charges and stricter penalties.
Facing Charges in Texas for Having an Open Container?
If you or a loved one has been accused of breaking Texas’ open container laws, it is crucial to seek legal representation immediately. At Smith & Vinson Law Firm, we offer criminal defense representation for those who are facing these charges. Our experienced attorneys understand the nuances of Texas alcohol-related offenses and are prepared to defend your rights aggressively.
If you’re ready to protect your future, we’re ready to help. Contact Smith & Vinson Law Firm at (512) 359-3743 for a free consultation for your open container case. Let our experienced team provide the defense you need to navigate the complexities of Texas open container laws.