The Texas justice system takes drinking and driving very seriously. Here in Texas there is a lot of drinking and a lot of driving. In such a large state a car is as much of a necessity as water. But did you know that in this state it is not only illegal to drink and drive but to park and drink as well?
The penal code in this state explains that it is illegal to have any open alcohol containers anywhere in a car, moving or otherwise. Meaning, your friend in the back seat can’t drink while you drive, you can’t park somewhere and drink inside the car and you certainly can’t transport open liquor bottles home on any seating areas in the car.
“’Open container’ means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed,” the penal code said.
It does not matter what kind of alcohol it is, how much there is or even if you are drinking it or not. In the state of Texas the presence of an open alcohol container is illegal and is subject to a fine of $500. If no other charges are filed the incident is treated like a misdemeanor C.
To prevent being fined for an open container if pulled over transport any open alcohol containers in the trunk of the vehicle or in a locked compartment.
Keep in mind that an open container charge greatly increases the severity of a DUI or DWI charge. The only vehicles that are not affected by this law are limos, buses and taxi cabs.
If you find yourself with a DUI/DWI or an open container charge contact us at (713) 225-0650.