Texas open container — Penal Code § 49.031
Texas open container is a criminal offense under Penal Code § 49.031. Base conduct is classified as a Class C misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Class C misdemeanor
Punishment range: Class C misdemeanor — fine up to $500; statutory minimum $1 fine raises automatic court costs
The controlling statute
Texas Penal Code § 49.031 prohibits possessing an open container of alcohol in the passenger area of a motor vehicle on a public highway. The offense applies regardless of whether the driver is intoxicated and regardless of who in the vehicle possesses the container. Texas adopted the offense in 2001 to comply with federal Section 154 highway-funding requirements. The statute includes specific exceptions for passengers in limos, party buses, and the living quarters of motorhomes.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 49.031 |
| Cluster | DWI & Intoxication |
| Classification | Class C misdemeanor |
| Range | Class C misdemeanor — fine up to $500; statutory minimum $1 fine raises automatic court costs |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 49.031 charge, the State must prove every element beyond a reasonable doubt:
- Defendant possessed an open container of alcohol
- The container was in the passenger area of a motor vehicle
- The vehicle was located on a public highway
- Defendant knew or should have known the container was open
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Open Container case:
- Container was in a non-passenger area (trunk, locked truck box, behind last seat)
- Container was sealed and unopened — § 49.031 requires open
- Vehicle not on public highway under § 1.07(a)(40) — truly private property
- Exempt vehicle — limousine, party bus, motorhome living quarters under § 49.031(c)
- Container belonged to another passenger, not defendant — lack of possession
- Container did not contain alcohol — was empty or contained non-alcoholic substance
Enhancements & collateral consequences
Section 49.031 itself is a flat Class C. However, open container in a DWI case enhances the minimum jail term under § 49.04(c) — a regular DWI minimum is 72 hours, but DWI with open container has a minimum of six days. Open container in commercial vehicle may trigger federal CDL disqualification under 49 CFR § 383.51.
Key Legal Terms
- Open Container (§ 49.031(a)(1))
- Bottle, can, or other receptacle containing alcoholic beverage with broken seal, contents partially removed, or contents otherwise accessible.
- Passenger Area (§ 49.031(a)(3))
- Area designed to seat driver and passengers, plus unlocked compartments readily accessible; excludes trunk and locked storage.
- DWI Open-Container Enhancement (§ 49.04(c))
- Statutory increase of DWI minimum jail term from 72 hours to 6 days when an open container was present in the vehicle.
Frequently Asked Questions
What is the open-container fine in Texas?
Can passengers drink alcohol in the car?
Is the trunk considered passenger area?
What if the container was put in the car by someone else?
Does open container affect DWI sentencing?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Open Container? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060