# Question about Open Container Law **URL:** \ **Category:** Factual Questions\ **Created:** [December 2, 2008, 1:15am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273 "2008-12-02T01:15:26Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [December 2, 2008, 1:15am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/1 "2008-12-02T01:15:26Z")
My Mother-in-Law warned me the other day that if I put three bottles of Sam Adams in my car, I’d be in violation of Texas’s open container statute and I could get a ticket. She heard this from a friend of a friend… I doubt this is correct. But out of curiosity I emailed a municipal court prosecutor. Unfortunately the prosecutor sent back a form email saying they can’t comment on legal issues in the abstract. Here’s the statute: > [@](#): > > § 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR > VEHICLE. (a) In this section: > (1) “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. > (2) “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. 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. > (3) “Public highway” means the entire width between > and immediately adjacent to the boundary lines of 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. The term includes the right-of-way of a public highway. > (b) A person commits an offense if the person knowingly > possesses an open container in a passenger area of a motor vehicle > that is located on a public highway, regardless of whether the > vehicle is being operated or is stopped or parked. Possession by a > person of one or more open containers in a single criminal episode > is a single offense. > (c) It is an exception to the application of Subsection (b) > that at the time of the offense the defendant was a passenger in: > (1) the passenger area of a motor vehicle designed, > maintained, or used primarily for the transportation of persons for > compensation, including a bus, taxicab, or limousine; or > (2) the living quarters of a motorized house coach or > motorized house trailer, including a self-contained camper, a motor > home, or a recreational vehicle. > (d) An offense under this section is a Class C misdemeanor. > (e) A peace officer charging a person with an offense under > this section, instead of taking the person before a magistrate, > shall issue to the person a written citation and notice to appear > that contains the time and place the person must appear before a > magistrate, the name and address of the person charged, and the > offense charged. If the person makes a written promise to appear > before the magistrate by signing in duplicate the citation and > notice to appear issued by the officer, the officer shall release > the person. I suppose “receptacle” there at the beginning could be interpreted as referring to a boxed 12 or 24 pack rather than to an individual container of liquid. (I’d have a harder time believing the word could be interpreted to refer to six packs of cans.) And even then, if I’ve just got individual bottles in my car, and no box that might have contained them, then where’s the “open container”? But does anyone know whether it is in fact usual for the statute (or similar ones in other states) to be interpreted this way? -FrL- ---
**Author:** ![Mesquite-oh](https://avatars.discourse-cdn.com/v4/letter/m/a183cd/32.png) [@Mesquite-oh](https://boards.straightdope.com/u/Mesquite-oh)\ **Post date:** [December 2, 2008, 6:45am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/2 "2008-12-02T06:45:41Z")
I am a Texas resident and although I have known a few who have been ticketed for open container, I have never heard of any body getting a ticket for having a sealed container that at one point was part of a set of sealed containers because they in fact still have an ummm…sealed container that you can’t drink from. IANAL, but if you look at (1) I believe the “receptacle” term was thrown in there not to mean the packaging that beer bottles come in, but for all the different ways that alcohol can be sealed and transported (box wine, mini-keg- whatever). ---
**Author:** ![Strider](https://avatars.discourse-cdn.com/v4/letter/s/aeb1de/32.png) [@Strider](https://boards.straightdope.com/u/Strider)\ **Post date:** [December 2, 2008, 7:38am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/3 "2008-12-02T07:38:00Z")
“(1) “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.” Key word here is “OPEN”. You can 1, 2, 3 or 11000 bottles lying in your front seat, back seat, trunk, tapped to the hood or sticking out of your engine compartment as long as they are not OPEN. If they are empty then you are cool as well. The other key here is if you are driving erratically, smell of alcohol or appear otherwise intoxicated. If you do, then that combined with the containers gives him probable cause to give you a sobriety test and possibly charge you with a DUI. If you have not been drinking, then you have not broke a single law by simply carrying a couple sealed (or completely empty) bottles of booze on your front seat. Just tell the officer that you are saving them for your destination. I am not a lawyer but the statue reads pretty easily. edit: let me add that this does not mean there is another Texas statute that reads “You may not have 3 bottles of Sam Adams in your vehicle at any time”. There can be a thousand different laws, hidden in a million different codes and statutes and your best bet for an authoritative answer is to ask a cop, next time you see one. However, as far as the statute you quoted above is concerned, I stand by my comments. -n ---
**Author:** ![clayton\_e](https://avatars.discourse-cdn.com/v4/letter/c/c57346/32.png) [@clayton\_e](https://boards.straightdope.com/u/clayton_e)\ **Post date:** [December 2, 2008, 9:30am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/4 "2008-12-02T09:30:52Z")
> [@Strider](#): > > If they are empty then you are cool as well. I know someone who was given a ticket for underage drinking back when we were all like 18 or 19 or something.. He was _returning bottles_. Obviously, he wasn’t 10 and wearing a cub scout uniform so the cops stopped him carrying 5 cases of 24 pack bottles back into the Price Chopper that he was walking across the parking lot of. I’m not saying he was smart, he could’ve just gone to a bottle redemption place, but still… Not exactly like he’s chugging a beer out of a funnel screaming “WoooHoooo!!” in the street at 3 a.m. Cops did let them return the bottles… but not before giving them a ticket. Reason? Cop picked up a few and poured out the few drops, and in one, about two or three sips. He said he was going to contest it but I don’t recall talking to him about it again… Wasn’t exactly someone I saw often enough. Just a thought. ---
**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\ **Post date:** [December 2, 2008, 11:33am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/5 "2008-12-02T11:33:55Z")
> [@clayton\_e](#): > > I know someone who was given a ticket for underage drinking back when we were all like 18 or 19 or something.. He was _returning bottles_. Obviously, he wasn’t 10 and wearing a cub scout uniform so the cops stopped him carrying 5 cases of 24 pack bottles back into the Price Chopper that he was walking across the parking lot of. OK, I’m a cop and I think that’s a chickenshit charge. He should have fought it. As to the OP, I’m in Washington and you’d be safe. I think the intent of the law is clear - it’s to prevent you from drinking alcohol while driving. Having part of a six-pack, with the bottle still sealed, shouldn’t be a problem. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [December 2, 2008, 1:11pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/6 "2008-12-02T13:11:06Z")
When I was living in Texas, there was a drive through frozen alcoholic beverage store right next to one of the lingerie model shops in a soldiery part of town. Drinks were served in large, 32 oz., foam cups with normal soda cup lids such as those used at any fast food restaurant. They gave you a straw separately. The thing that apparently kept them legal, though, was the use of red seal tape across the straw opening and across the union of cup and lid. This was the same type of tape used for urine sample tests. The cops could be kind of pricks, but they never bothered the store nor its customers. Recently here in Michigan legislation was passed allowing the use of seals on partially consumed wine bottles purchased in restaurants. ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [December 2, 2008, 2:27pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/7 "2008-12-02T14:27:29Z")
> [@Strider](#): > > Key word here is “OPEN”. You can 1, 2, 3 or 11000 bottles lying in your front seat, back seat, trunk, tapped to the hood or sticking out of your engine compartment as long as they are not OPEN. If they are empty then you are cool as well. How is an empty bottle not open? The law would be useless if you could just slam your beer as soon as you see a cop, throwing the empty container on the floorboard. > [@Frylock](#): > > I suppose “receptacle” there at the beginning could be interpreted as referring to a boxed 12 or 24 pack rather than to an individual container of liquid… No, it means a container that has (or had) booze in it. A cup or a flask are two examples. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [December 2, 2008, 3:16pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/8 "2008-12-02T15:16:36Z")
> [@Santo\_Rugger](#): > > How is an empty bottle not open? The law would be useless if you could just slam your beer as soon as you see a cop, throwing the empty container on the floorboard. > No, it means a container that has (or had) booze in it. A cup or a flask are two examples. No, the law is quite clear: " … 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." An empty container does not contain “any amount” of liquid. ---
**Author:** ![FoieGrasIsEvil](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foiegrasisevil/32/16638_2.png) [@FoieGrasIsEvil](https://boards.straightdope.com/u/FoieGrasIsEvil)\ **Post date:** [December 2, 2008, 3:30pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/9 "2008-12-02T15:30:51Z")
I remember back when I lived in Texas in the mid-1980’s and IIRC, Texas was one of the last states that actually still allowed you to have an open container in your vehicle, assuming of course, you weren’t drunk. ---
**Author:** ![clayton\_e](https://avatars.discourse-cdn.com/v4/letter/c/c57346/32.png) [@clayton\_e](https://boards.straightdope.com/u/clayton_e)\ **Post date:** [December 2, 2008, 4:10pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/10 "2008-12-02T16:10:52Z")
> [@Balthisar](#): > > Recently here in Michigan legislation was passed allowing the use of seals on partially consumed wine bottles purchased in restaurants. Great idea! So you don’t down that last two glasses that you shouldn’t because you don’t want to drive home with it and risk getting caught. > [@Balthisar](#): > > They gave you a straw separately. The thing that apparently kept them legal, though, was the use of red seal tape across the straw opening and across the union of cup and lid. This was the same type of tape used for urine sample tests. The cops could be kind of pricks, but they never bothered the store nor its customers. Terrifying idea! Especially if, as you say, the cops just didn’t really bother the place. I wouldn’t want to live within 50 miles of that place, especially because I walk lots. And **FoieGrasIsEvil** … That’s even worse than the sippy straw cup idea.. I’m kinda speechless.. ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [December 2, 2008, 4:10pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/11 "2008-12-02T16:10:58Z")
> [@aldiboronti](#): > > No, the law is quite clear: " … 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." > > An empty container does not contain “any amount” of liquid. :rolleyes: You win. The legal definition is probably one that does not contain “any amount” of liquid. For somebody who’s drinking (even soda), empty means there’s not another drink left in it, even thought you can almost certainly still get a few drops out unless it’s been there a few days. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [December 2, 2008, 4:35pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/12 "2008-12-02T16:35:36Z")
Zero is an amount. Seriously, though, as clayton\_e’s example shows, an “empty” can is likely to contain a few drops, particularly if it’s newly emptied. On a different topic, my recollection is that Virginia still permits a passenger to have an open container. Every now and then, there’s an effort to make that illegal too, but thus far it hasn’t passed. And I think there may still be one state where it’s legal to drink alcohol _while driving_, as long as you’re not above the legal limit. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [December 2, 2008, 5:20pm UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/13 "2008-12-02T17:20:53Z")
> [@Tom\_Tildrum](#): > > Zero is an amount. Seriously, though, as clayton\_e’s example shows, an “empty” can is likely to contain a few drops, particularly if it’s newly emptied. > > On a different topic, my recollection is that Virginia still permits a passenger to have an open container. Every now and then, there’s an effort to make that illegal too, but thus far it hasn’t passed. > > And I think there may still be one state where it’s legal to drink alcohol _while driving_, as long as you’re not above the legal limit. [Mississippi](http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm) has no Open Container laws and no consumption prohibition. ---
**Author:** ![clayton\_e](https://avatars.discourse-cdn.com/v4/letter/c/c57346/32.png) [@clayton\_e](https://boards.straightdope.com/u/clayton_e)\ **Post date:** [December 3, 2008, 7:24am UTC](https://boards.straightdope.com/t/question-about-open-container-law/475273/14 "2008-12-03T07:24:21Z")
Does Mississippi have statistically higher rates of alcohol related vehicle crashes? And if it’s an accident, is it just labeled an accident with who’s at fault and what they owe in compensation or do you get some sort of punishment for causing the accident while being drunk (or, to put it in a more moderate and likely situation, obviously buzzed but not stumbling around stupid but still causing an accident). Google isn’t giving me much… And if the statistics are hazy… Is that because they don’t document it in a standardized way because it’s not illegal to do? (For example, try to find statistics on jaywalking, which is _actually_ illegal, in a town of 20,000 people or so… There could’ve been fifty arrests in a set period of time or one… but you’re not going to find out through google).