As of Sept. 1, 2001, it is illegal to possess an open container of alcohol in a motor vehicle. House Bill 5, passed by the 77th Texas Legislature, makes it a Class C misdemeanor to possess an open container of alcohol in the passenger area of a motor vehicle which is on a public highway or the right-of-way adjacent to a public highway.

What is an “open container”?
Under the new law, an “open container” is a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that has been opened, that has a broken seal, or the contents of which are partially removed.

What is considered the “passenger area of a motor vehicle”?
The “passenger area” is the area of a motor vehicle designed for the seating of the operator and passengers. It does not include a locked glove compartment or a similar storage container that is locked, the trunk of a vehicle, or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk.

What is a “public highway”?
This includes any public road, street, highway, interstate, or other publicly-maintained way if any part is open for public use for the purpose of motor vehicle travel.

Does the motor vehicle have to be moving for a violation to occur?
No. Under the law, a person commits an open container offense by possessing an open container in the passenger area of a motor vehicle regardless of whether the vehicle is being operated or is stopped or parked. There is an exception for people who are passengers in a bus, taxi, or limousine; or who are in the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, motor home, or recreational vehicle.

Did the Texas Legislature also change the DWI laws?
Yes. House Bill 5 strengthens the punishment for repeat DWI offenses. A second DWI conviction within five years of the first now requires a mandatory one-year suspension of the offender’s driver’s license. Upon reinstatement, the offender must have an ignition interlock device installed on his or her vehicle for an additional year. This device uses a breath analysis mechanism that renders the vehicle inoperable if ethyl alcohol is detected in the driver’s breath.

Why were the open container and DWI laws changed?
Before the 77th Legislature, the State of Texas was not in compliance with federal open container and DWI repeat offender laws. As a result, it risked losing federal highway construction funds apportioned to the state. The changes in the law bring Texas into compliance with federal open container laws and federal laws for repeat DWI offenders.

Also, the Department of Public Safety has observed that in the majority of alcohol-related crashes, an open container is present. The law is intended to help curb the problem of driving while intoxicated.

Sources: Texas Department of Public Safety, Texas Legislature Online, Texas Bar Journal.