Possession of an Alcoholic Beverage in a Motor Vehicle is often referred to as the “Open Container” law.
In Texas, a person commits this offense if he knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public street, even if the vehicle is stopped or parked.
This offense is a Class C Misdemeanor.
It is important to realize that ANY open container which has, or did have, some amount of alcohol can result in this charge. This means that a couple coming home from a dinner party with an open bottle of wine or liquor could potentially receive this charge, even if they had not had a single drink.
An open container IS allowed to be stored in the trunk of a car, as long as it is not containers of alcohol, it is wise to keep them there.
Also, buses, taxis, limos, and the living quarters of an RV are generally exempted from this rule.
What To Do If You Receive An Open Container Ticket
Although this offense is only a Class C misdemeanor, it still carries with it very serious consequences, and it is important that a person takes the charge seriously. Like many other alcohol and drug related offenses, having a conviction for this offense on your record can be very damaging. Finding a good job or getting into a good school can often times become nearly impossible.
Anyone who tells you that “Oh, its just a Class C, it doesn’t matter”. This is not true. It matters because of the nature of the offense. It is important to find an attorney who will protect not only your interests regarding the particular offense, but the potentially life-changing effects that these charges can bring about.
Call Us Today
We offer a free consultation and thorough review of your case. Our attorneys have years of experience in dealing with these charges, and we understand the seriousness of the matter. If action is taken promptly, it is likely we can work with the prosecution to have the offense kept off of your permanent record. Call us today.