Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Possession of Alcoholic Beverage in Motor Vehicle

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.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500