Texas

Can you drink alcohol in the car as a passenger in Texas? Here’s what the law says

man drinks holds a bottle of beer outside vehicle window
Texas law makes it illegal to drink and drive or have an open container of alcohol in your vehicle. Bigstock

It’s five o’clock somewhere, but there’s a limit to when and where you can crack open a cold one.

Drinking and driving contributes to around 31% of annual crash fatalities in the United States and is illegal in Texas.

But does that mean other passengers in the car can drink?

Having an open container of alcohol in your vehicle is illegal in Texas. This applies to bottles, cans or any other container with alcohol that is open, has a broken seal or has even partial alcohol missing from inside.

Each count of an open container inside a vehicle is a Class C misdemeanor, punishable by up to $500, according to the Texas Penal Code.

This applies to any open container in the vehicle.

Can a passenger drink alcohol in a car in Texas?

Any open container in a vehicle is illegal, even if it belongs to the passenger.

However, there are some exceptions to this rule.

According to the Texas Penal Code, a passenger is allowed to drink and have an open container while in a vehicle used primarily to transport people for compensation like a limo, bus or taxi.

This exception does not apply to ride share services like Uber and Lyft, which each have no open container policies.

Megan Cardona
Fort Worth Star-Telegram
Megan Cardona was a service journalism reporter at the Fort Worth Star-Telegram until 2023. Reach our news team at tips@star-telegram.com.
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