What Texas law says about drinking alcohol in the car as a passenger
You might think that as long as you’re not the one behind the wheel, having a drink in the car is no big deal.
But Texas law doesn’t see it that way. It’s illegal to have an open container of alcohol in a vehicle whether you’re driving or just along for the ride.
That means a half-finished beer, an open bottle of wine or even a cup with liquor inside can put both drivers and passengers in violation of the law.
Each open container counts as a separate Class C misdemeanor offense and can lead to fines of up to $500, according to the Texas Penal Code.
This law is designed to discourage drinking on the road altogether, whether by the driver or by others in the car who could distract them.
Drunk driving remains a serious problem in Texas. In just the first few months of 2025, more than 2,100 people were killed in alcohol-related crashes in Texas, making up nearly half of all traffic deaths statewide, according to data from the National Highway Traffic Safety Administration.
So, while it might sound harmless to sip a drink in the passenger seat, the consequences can be costly.
Are there any exceptions?
Yes, but they’re limited.
Passengers are allowed to drink and have an open container in certain commercial vehicles designed to transport people, like limousines, buses, and taxis, according to the Texas Penal Code.
This exception does not extend to rideshare services like Uber or Lyft, which have their own strict “no open container” policies.
Can I be charged even if the car is parked?
Yes. The open container law applies whether the car is moving or not.
If you’re parked on a public road, street, or highway with an open drink, you could still face a citation.
This can come into play in situations like tailgating before a game, unless the area makes special event exceptions.
This story was inspired by reporting from former Star-Telegram service reporter Megan Cardona.
