A 3-minute lesson from the Texas course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.
A DWI arrest is humiliating and expensive. Fines alone can reach $10,000, not counting bail, attorney and court costs. Penalties climb steeply with each offense and when someone is hurt or a child is in the car.
Know the rule
It is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway, whether the vehicle is being driven, stopped, or parked.
A device installed on the dashboard that the driver must blow into to start the vehicle. Court-ordered installation must be done by a DPS-certified service center.
Your friend has an open beer in the cup holder while you're parked at a roadside rest area on a highway. That's still an open container offense, fine up to $500, because the law applies even when the vehicle is parked.
Check your understanding
Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.
Is it legal to have an open container of alcohol in the passenger area of a parked, unattended vehicle on a public highway?
Yes, since the vehicle isn't being driven
No, it applies whether moving, stopped or parked
Yes, if the engine is turned off
Only if the driver is inside
Answer: No, it applies whether moving, stopped or parked
The open container law applies whether the vehicle is being operated, stopped, or parked.