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Open Container Laws

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

- RJ, Texas


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.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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The Law Office of Richard T. Jones - Austin Criminal Defense Attorney
Located at 1004 West Avenue Austin, TX 78701. View Map
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Phone: (888) 492-2612 | Local Phone: (512) 856-4022.