# Texas Open Container Law for Cars | Attorney Brian White ![What Is Texas' Open Container Law In Cars?](https://attorneybrianwhite.com/wp-content/uploads/2017/11/What-Is-Texas-Open-Container-Law-In-Cars-300x200.jpg) You most likely know that it is illegal to drive while intoxicated in the State of [Texas](https://www.texas.gov/). “Intoxication” legally occurs when the blood alcohol concentration (BAC) level of the driver is at or above 0.08%. Did you know that you could get in trouble for containers of alcohol being in the cab of your vehicle as you drive, even if you aren’t the one drinking it? Texas’ open container laws make it a criminal offense to have open containers of alcohol in the vehicle within certain parameters. Learn how to stay on the right side of this law in Texas. ## Texas Penal Code Section 49.031 An “open container” is the legal term for an unsealed or open bottle, can, or other container that contains any amount of alcohol. Texas State Penal Code [Section 49.031](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm/) makes it illegal to “knowingly possess an open container in a passenger area of a motor vehicle on a public highway, regardless of whether the vehicle is moving or parked.” Sitting in your parked car and drinking an alcohol beverage is against the law in Texas if you’re parked on a public street, road, highway, or other publicly maintained way. Exceptions to the open container law are as follows: - If the open container is in the glove department, locked storage container, the trunk of the vehicle, or the area behind the last upright seat of the vehicle if there is no trunk. Open containers in these areas are not in the “passenger area,” and are not against the law. - If the person with the open container is a passenger in a vehicle designed for transporting people for compensation. This includes limousines, charter buses, party buses, and taxicabs. - If the person with the open container is in the living quarters of a motorized house couch, including self-contained campers, [recreational vehicles](https://attorneybrianwhite.com/houston-tx/recreational-vehicle-accident-lawyer/) (RVs), or motor homes. In a typical vehicle, it is an offense for your passenger(s) to have open containers of alcohol in the passenger seat or back of the vehicle, regardless of whether or not anyone is drinking the alcoholic beverage. An open container offense in [Texas is a Class C misdemeanor](https://attorneybrianwhite.com/faqs/what-is-a-class-c-misdemeanor-in-texas/). If an individual possesses more than one open container of alcohol at the traffic stop, it is a single offense. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Punishment for Breaking the Open Container Law in Texas If law enforcement stops you for breaking the open container law, you will receive a written citation and a notice to appear before a magistrate. As long as you sign the notice agreeing to appear, the officer will not detain you and take you before the magistrate. If the court finds you guilty of traveling with an open container of alcohol, you will receive a Class C misdemeanor, punishable by up to $500 in fines. The open container law in Texas is strict, as are most alcohol-related laws in the Lone Star State. Note that [Texas’ open container law](https://attorneybrianwhite.com/faqs/what-is-texas-open-container-law/) differs from the law pertaining to drinking alcohol while driving. If caught drinking alcohol from an open container while driving, you could receive an open container citation as well as a more serious charge, such as driving while intoxicated (DWI). Even if a breath test shows that your BAC is less than 0.08%, Texas cops can charge you with DWI if they believe you are intoxicated enough to impair driving. A DWI on top of an open container conviction can result in serious criminal penalties. If you have been involved in an accident because of a drunk driver, call a [Houston DUI accident attorney](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/dui/) at Attorney Brian White Personal Injury Lawyers to see how we can help you get the compensation you need and deserve. ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / Linkedin / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Texas Uber Driver Killed In Crash With Police-Involved in High-Speed Chase](https://attorneybrianwhite.com/wp-content/uploads/2020/08/Texas-Uber-Driver-Killed-In-Crash-With-Police-Involved-in-High-Speed-Chase-300x200.jpg)](https://attorneybrianwhite.com/blog/texas-uber-driver-killed-in-crash-with-police-involved-in-high-speed-chase/) [Texas Uber Driver Killed in Crash With Police Involved in High-Speed Chase](https://attorneybrianwhite.com/blog/texas-uber-driver-killed-in-crash-with-police-involved-in-high-speed-chase/) A high-speed police chase on the Katy Freeway in Houston led to the death of an Uber driver and a teenager charged [![The Dangers of Driving With Loud Music in Houston](https://attorneybrianwhite.com/wp-content/uploads/2022/12/The-Dangers-of-Driving-With-Loud-Music-in-Houston-300x200.jpg)](https://attorneybrianwhite.com/blog/the-dangers-of-driving-with-loud-music-in-houston/) [The Dangers of Driving With Loud Music in Houston](https://attorneybrianwhite.com/blog/the-dangers-of-driving-with-loud-music-in-houston/) More than 2.3 million Texans call Houston home. With such a large population, traffic collisions happen every [![DUI vs. DWI vs. DWAI: What’s the Difference?](https://attorneybrianwhite.com/wp-content/uploads/2025/08/DUI-DWI-vs-DWAI-Whats-the-Difference-300x200.jpg)](https://attorneybrianwhite.com/blog/dui-vs-dwi-vs-dwai-whats-the-difference/) [DUI vs. DWI vs. DWAI: What's the Difference?](https://attorneybrianwhite.com/blog/dui-vs-dwi-vs-dwai-whats-the-difference/) Texas takes drunk driving very seriously, and drunk driving charges can have some sobering consequences. Many people [![Tips on Staying Safe When Taking an Uber or Lyft in Houston, TX](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/tips-on-staying-safe-when-taking-an-uber-or-lyft-in-houston-tx/) [Tips on Staying Safe When Taking an Uber or Lyft in Houston, TX](https://attorneybrianwhite.com/blog/tips-on-staying-safe-when-taking-an-uber-or-lyft-in-houston-tx/) Uber and Lyft continue to dominate the U.S. ridesharing market, with Uber’s sales having increased approximately --- Source: https://attorneybrianwhite.com/blog/texas-open-container-law-for-cars/