Summary: "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.See full TX Penal Code Chapter 49
Unlike some neighboring states, Texas does not approve of open containers of alcohol in a motor vehicle - whether or not the vehicle is moving. Texas law states that a person can be cited if they knowingly possess an open container of an alcoholic beverage in the passenger area of a vehicle that is located on a public highway, no matter whether the vehicle is being operated or stopped or parked.
An Open Container citation is a Class C misdemeanor, with a possible fine of up to $500. While not the most serious offense under Texas law, a conviction for Open Container will show up on a criminal background check and can cause problems if a person is trying to find - or keep - a job. If you or someone you know is facing a charge of Open Container, retaining experienced counsel can make a critical difference in the outcome of the case. Call one of our experienced criminal defense attorneys at the Law Office of James & Reynolds to discuss how we can help.
At James, Reynolds, Spiegelhauer & Ask in Bryan, Texas, we provide criminal defense for clients throughout the Brazos Valley, including the cities of College Station, Austin, Houston, Conroe, Huntsville, and Brenham, and Brazos County, Grimes County, Robertson County, Madison County, Burleson County, Washington County, Walker County, Milam County, Leon County, and Lee County.