Most people know it’s illegal to drive drunk. But what about having alcohol in your car? In Texas, this scenario falls under the provisions of the open container law, which is part of the state’s efforts to curb drunk driving.

The open container law isn’t just geared toward prohibiting intoxicated driving. It aims to remove the temptation altogether by making it illegal to have open alcohol containers inside a vehicle.

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What Is an Open Container?

According to Texas law, it’s illegal to have an open container of alcohol in your car while driving. However, the details are a bit more complicated. For example, what counts as an open container?

The language of the law describes an open container as any alcoholic beverage that’s been opened, has a broken seal, or has had some of the contents removed. Based on this definition, an unopened six-pack is fine, but a beer with the cap popped off isn’t.

Where Does the Law Apply?

The open container law applies to the passenger area of the vehicle, which means anywhere the driver or passengers can easily reach. The trunk doesn’t count, nor does a locked glove compartment. However, having your opened liquor on the back seat, dashboard, center console, or floor of the back seat area might land you in trouble.

Exceptions to the Open Container Law in Texas

The open container law isn’t all-encompassing—there are certain exceptions. For instance:

  • The law exempts passengers in certain vehicles like buses, taxis, or limos
  • It’s not illegal to have an open container in the living quarters of a motorhome

Notably, it doesn’t matter whether the car is moving or not. Even if you’re parked on the side of the road with the engine off, having an open container in the passenger area is still a violation.

Enforcement of the Open Container Law

It’s important to note that the open container law is often a secondary offense. That means the police can’t pull you over just because they suspect you have an open container—they need some other reason to stop you first.

That said, if a law enforcement officer stops you for something else and then spots an open container in your vehicle, they can charge you with an offense. It’s also likely to make them suspicious that you might also be driving drunk.

Penalties for Violating the Open Container Law

Violating Texas’ open container law is considered a Class C misdemeanor and carries more serious consequences than you might expect. You might have to pay fines of up to $500, plus additional court costs that can add up to $200 – $300.

The impacts aren’t just financial. A conviction will appear on your criminal record, potentially affecting your future employment opportunities (especially for jobs involving driving) and complicating professional license applications or rental agreements. It could also lead to increased car insurance rates.

Additionally, the legal process itself can be time-consuming and inconvenient. You might be required to make court appearances and hire a lawyer. And while a single violation won’t result in license suspension, it will add points to your driving record, which could lead to increased scrutiny from law enforcement.

Intent Doesn’t Matter in Open Container Cases

The open container law doesn’t care about intent. In other words, the mere presence of an open container is enough to constitute a violation, whether you were planning on drinking or not. This could open the door to situations like:

  • You’re acting as a designated driver, and one of your friends leaves a beer in the cupholder
  • You pack some opened wine in the car to take home after a camping trip
  • You buy an improperly sealed growler of beer from a brewery and transport it

In all these cases, you could technically be breaking the law.

Where to Safely Keep Alcohol in Your Car

While it can be tricky to navigate Texas’ open container law, there are several safe places to keep unopened alcohol in your vehicle.

The Trunk
The trunk is the safest place to transport alcohol. It’s completely separate from the passenger area, so you’re in the clear legally.

Locked Glove Compartment
A locked glove box is also considered safe. The operative term here is “locked.” An unlocked glove compartment doesn’t count.

Behind the Last Upright Seat
In vehicles without trunks, like hatchbacks or SUVs, you can keep alcohol behind the last upright seat, as it’s typically considered equivalent to a trunk.

The Impact of the Open Container Law

The goal of laws like these isn’t just to avoid tickets. It’s to keep everyone on the road safe from car accidents stemming from drunk driving. While knowing where you can legally keep alcohol in your car is useful, the best policy is always to separate drinking and driving entirely.