Transportation Code · §49.031

DWI Procedure

Q: Open Container in motor vehicle on public highway is what level of offense (driver or passenger)?

Class C misdemeanor Possession of an open container of alcohol in the passenger area of a motor vehicle on a public highway is a Class C misdemeanor (with exceptions for certain limousines, taxis, motor homes when in living quarters, etc.). Note open container during DWI 1st elevates the minimum confinement to 6 days.

DWI Procedure is covered under §49.031 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Open container of alcohol; In passenger area of motor vehicle; On public highway; Class C misdemeanor.

Elements you must prove

Open container of alcohol
In passenger area of motor vehicle
On public highway
Class C misdemeanor

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Worked examples

Worked example 1

Open Container in motor vehicle on public highway is what level of offense (driver or passenger)?

Class B misdemeanor
Class A misdemeanor
Class C misdemeanor Correct
State jail felony

Why: Possession of an open container of alcohol in the passenger area of a motor vehicle on a public highway is a Class C misdemeanor (with exceptions for certain limousines, taxis, motor homes when in living quarters, etc.). Note open container during DWI 1st elevates the minimum confinement to 6 days.

Statute: Tex. Penal Code §49.031

Statutory definitions for this topic

Open container Tex. Penal Code §49.031: Possession of an open container of alcohol in the passenger area of a motor vehicle on a public highway is a Class C misdemeanor. During DWI 1st, an open container in the operator's immediate possession elevates the minimum confinement to 6 days.