Open Container Laws

Can I Have An Open Beer Or Other Drink In The Car?

- RJ, Texas

Answer:

In Texas in the past, you could stop for a beer on the way home from work. No anymore. You can no longer have an open beer or any open container with alcohol in it in the passenger compartment of a vehicle.

If none of the bottles or cans are open, you're okay. Otherwise, you're looking at ticket. If you get charged with driving while intoxicated and you have an open container, the minimum punishment is increased from seventy-two hours in jail to six days in jail if you get convicted.

Convicted includes being placed on probation (which is now called community supervision in Texas). Those days are served day for day with no good time. If you've been out at the lake sitting in the truck, make sure your empties go into the trash can or recycling bin. Don't take a chance on accidentally leaving a mostly empty beer in the truck.

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