Can Passengers Drink Alcohol in a Car in Texas?
Generally, passengers are not allowed to drink alcohol while riding in a car in Texas, though there are a couple of exceptions.
Written by Nathan Porceng
Reviewed by Kathleen Flear
In Texas, neither drivers nor passengers are allowed to drink or possess open containers of alcohol in a car. However, there are a couple of exceptions.
In the U.S., state governments have a lot of freedom to tailor laws to the needs of their citizens. That sounds like a good thing, and oftentimes it is. However, it can make things terribly confusing if you’re trying to figure out whether or not you are allowed to do something in a given state.
Take open container laws. Every state’s open container laws are worded differently and have different exceptions. That can be extremely frustrating, especially since violating open container laws often carries steep penalties.
Lucky for you,
Jerry
, the car insurance
expert and trusted comparison tool, is here to help! Read on to find out if passengers can drink alcohol in a car in Texas. And if you’re in search of better-priced Texas car insurance
, Jerry’s got you covered there, too!Can passengers drink alcohol in a car in Texas?
No—according to
Title 10 Chapter 49
of the Texas Penal Code, drivers and passengers are not allowed to have open containers of alcohol in any area of a motor vehicle designed for seating.“Seating” encompasses all parts of a car except for a locked glove compartment, a trunk, or the area behind the rear-most row of seats (if a car does not have a trunk).
Texas’ open container laws
define an “open container” as “a bottle, can, or another 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.”The already opened bottle of cooking wine you’re bringing back from your friend’s house? That’s probably fine to transport in your car—but put it in the trunk just in case. That open can of Miller Lite? You should probably get rid of it before going anywhere. Better yet, call an Uber.
In Texas, open container laws apply on all public highways (think any publicly-accessible road). You don’t even need to be going anywhere to get an open container ticket. Even if you’re stopped or parked, Texas’ open container laws still apply.
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Exceptions to open container laws in Texas
As in most states, there are exceptions to Texas’ open container laws.
The Texas Penal Code specifically allows passengers to have open containers of alcohol if they are in:
- The passenger area of a motor vehicle specifically designed for the transportation of people for compensation, such as a bus, taxi, or limousine
- The living quarters of a motorized house couch, motorized house trailer, self-contained camper, motor home, or recreational vehicle
Again, those are the only exceptions called out in the Texas Penal Code. If you have an open container in your vehicle at any other time, you risk serious punishment.
Penalties for an open container violation in Texas
The state of Texas is famous for swift and severe law enforcement. Therefore, it should come as no surprise that Texas imposes some steep penalties for violating its open container laws.
Violating Texas’ open container laws will earn you a Class C misdemeanor and a fine of up to $500 for each open container of alcohol in your vehicle. Both drivers and passengers may be punished for open container violations.
That’s just for starters. If you are intoxicated or refuse a breathalyzer test, you may have your license suspended. If you’re convicted of a DWI, you will earn a Class B misdemeanor, and you could be fined up to $2,000 and/or sent to jail for six to 180 days.
Long story short, obeying Texas’ open container laws will save you a whole lot of trouble. More importantly, it will keep you and your fellow passengers safe. If you are ever on the fence about whether or not to transport an unsealed container of alcohol, the safe play is to leave it behind.
Key Takeaway If you violate Texas’ open container laws, you may be fined up to $500 for each open container of alcohol in your vehicle.
How to save on car insurance in Texas
Violating Texas’ open container laws will land you a Class C misdemeanor and cause your
car insurance
rate to go up. The best ways to keep your rate low are to obey your state’s traffic laws and to shop for a new car insurance policy with Jerry
. With Jerry's
trustworthy insurance comparison app
, saving on your car insurance is as easy as texting a friend and takes about as long. Just download the Jerry app, enter your information, and pick your policy from a personalized selection of quotes. It’s that easy! Jerry will even help you call and cancel your old policy!As incredible as the convenience is, the savings are even better. Jerry drivers save an annual average of over $800 on their car insurance policies.
“I usually hate all the phone calls that come with getting car insurance quotes, but withJerry, I was able to do everything over text. I went from $224 with my previous provider to $193 with Nationwide. Such a relief!” —Gabby P.
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