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Driving with an Open Container of Alcohol

Texas law prohibits drivers from operating a motor vehicle with an open container of alcohol in the passenger-area. This issue has raised many questions and has caused many issues for drivers in the state since the law was enacted. It is important to know the definitions of an open container and be aware of your rights as a driver in Texas.

If you have been arrested for having an open container of alcohol in your vehicle or drinking and driving, please call Austin DUI attorney Ian Inglis at (512) 472-1950 to discuss your defense.

Texas Open Container Definitions

To avoid confusion, here are some commonly referred to definitions related to the Texas Open Container laws:

  • Open Container – any receptacle (can, bottle, glass, cup) that contains any amount of alcohol.
  • Public Highway – entire dimension of roadway (including access points and entry points adjacent to the roadway)
  • Passenger Area – area of the vehicle used for seating. This includes the space allotted for the driver and any passengers in the vehicle.
  • Common exceptions may include the trunk, glove compartment, and certain areas of the vehicle if the mode of transportation does not have a trunk.

It is important to be aware of the rules regarding open containers in the state of Texas, and if you have any questions or concerns, be sure to seek legal help.

Contact a Criminal Defense Attorney

If you have been accused of or charged with driving with an open container or driving under the influence, contact Austin criminal defense lawyer Ian Inglis at (512) 472-1950.


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