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Open Container Laws

If you are found with an open container of alcohol in close reach while you’re driving in Texas, you could be charged with a Class C misdemeanor and up to a $500 fine. This kind of legislation was first passed in 2001 and has more or less remained unchanged since then.

Along with getting charged with “open container,” you could also get charged with a DWI if you have a blood alcohol level of .08%.

If you have someone riding in your passenger’s seat drinking from a flask, you could still get charged with an open container. According to Texas law, that flask is within reach, which puts you at risk.

There are some exceptions to this. If you’re a passenger in a limo, bus, taxi, or an RV, you’re not going to get charged with “open container.”

What Counts as an Open Container?

If it has alcohol, is a container, and is open, it counts as an open container. Basically.

According to the Texas Penal Code Section 49.031, 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.

Open container law still applies even if you’re parked or stopped. So, if you have alcohol in your vehicle, put it in the trunk, a glove compartment, or somewhere else that’s not the cupholder.

Did You Get Busted for?

If you’re required to take a defensive driving class for breaking open bottle laws, you could do a lot worse than Comedy Defensive Driving. If you live in Texas and need one of our classes, sign up now, you dummy.

Daun Thompson: Daun Thompson has spent years acting in both film and theatre which has been paramount in launching her onto the comedy stage (incidentally, without a helmet, resulting in a nasty concussion). Being a funny girl is a full time job. A job that she hopes that one day will come with dental benefits and a 401K. Unlike her work, she is biodegradable, yet flame retardant. And gentle to the touch. Her goal in life??? For strangers to approach her and ask "Didn't you used to be somebody?" In the late 1980's she cut her teeth at the Velveeta Room on 6th Street in Austin, Texas ... the original room with the stripper pole. From there, she moved to northern California and worked with many comedy icons, like Mitch Hedberg, Marc Maron, Colin Quinn, Vic Dunlop, Huck Flyn, Michael Mancini, Doug Ferrari, Shang and Brian Posehn. Daun has been a licensed driver safety instructor and trainer with Comedy Defensive Driving for over 9 years. Her knowledge of driving safety laws keeps her readers informed and engaged with her blog adventures. She still continues to do stand-up comedy, sometimes in a reclining position...just to be different.