Possession of Alcoholic Beverage in Motor Vehicle

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Possession of Alcoholic Beverage in Motor Vehicle”, as per § 49.031 of the Texas Penal Code, occurs when a 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.

"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.

An offense under this section is a Class C misdemeanor.

Punishment Range

Misdemeanor C

Fine not to exceed $500

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