Open Container on a Weekend Drive in Austin? Think Again!

It's been a long week at work.  You need to unwind, to really feel that the work week is over and weekend has arrived.  You don't have time to stop at your favorite bar or tavern, so what's the next best thing?  grab a cold beer can from the gas station and have a few sips on your commute home.

This used to be a very common scenario in Austin, Travis County, and Texas in general, until a few years ago.  Prosecutors and private interest groups adamantly pushed for Open Container laws, despite the fact that there is nothing illegal about drinking and driving under the legal limit of .08% BAC.

But on your drive home each Friday (and some weekdays) you can still see some people, regardless of the laws, getting an early head start for the weekend.  Some don't even try to hide it.  Others at least pour the beer into a soda cup.  Either way, a person can find themselves in an expensive mess, should an officer pull them over.


Section 49.031 of the Vehicle Code provides that "Possession of Alcoholic Beverage in a Motor Vehicle," or simply an Open Container in a car, is illegal.  It's a Class C Misdemeanor, unless there's an open container during a DWI arrest (which then carries mandatory jail sentences).

Most people in Austin believe an Open Container just means a beer can or bottle that's open.  But lets take a look at the statute.  An "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.

So would an empty beer can from last week count? It might, if the officer can see any amount of liquid inside.  What about a re-corked bottle of wine you wanted to save after going out to a friends house last night?  Sure, that counts too, but there's a little more to the law.  Of issue if where the open container is located.

It's illegal to have an open container in the Passenger Area of the vehicle.  So what does the Passenger Area encompass?  "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. Pretty vague  right?  Luckily the statute clarifies a little bit by indicating the term does not include: (A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

So those are the areas you should keep the alcohol you're transporting, if you don't want to get hit for an Open Container ticket.  Notice how those areas make it more difficult (if not impossible) for you to actually sample the beverage while driving.  Of course, even if you manage to stash the bottle or can when you're pulled over, chances are the officer saw you drinking from the open container while driving; unless you were stopped for another infraction.

With hefty fines and the potential of a conviction on your record -- not to mention giving officers probable cause to search you car and maybe find something worse than an open container -- it may be best to buy a whole 6-pack and wait until you get home.

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Check out more information about alcohol related offenses at: www.drunkinpubliclawyer.com, or www.lawofficeofrobertkeates.com.