First of all, let me define simply about what is Open Container? Alcohol bottle with the open condition in the motor vehicle, then it is precisely an Open Container.
The state illustrates the Open Container Law clearly in many categories:
1. Possession of alcohol in open container inside the vehicle is illegal.
2. Texas law restricted the person that not to carry any amount of alcoholic beverages which was opened in the motor vehicle. If the person who breaks the law, then he will be considered as an offender, even if he didn’t drink it.
3. The officer should not find any opened alcoholic beverages inside the car especially in driver’s seat.
4. However, the Law allows the adult person to carry the alcohol in some areas or districts legally.
Penalties Charged Under Texas Open Container Law:
Breaking the Open Container Law is illegal, and the offender will be charged based on the situations. Let us see an example if the person caught with an Open Container in his device, but there is no accident took place even though he will be charged $500 as a fine. If in case, you were caught in DUI (driving under the influence) and if the officer finds any alcoholic beverages in open condition then you will be punished severe – not the only penalty and also he may be put in jail. Note the point that the Texas open container laws are applicable for any road or highways.
In public place, a person who is drinking alcohol in open container is illegal according to the Texas State Law.
Texas state law strictly prohibits, that the person should not be allowed to have possession alcohol in his vehicle in an open container which is illegal.
If you have caught in the high offense under the open container laws in Texas, then you have to approach your lawyer instantly. Hence, the lawyer is the only person to release you from the above case without any significant loss.
In some cases, for example, a vehicle caught by the police officer with an open container, but the driver doesn’t know anything about the alcoholic beverages, then he won’t be convicted.
If we follow the Rules and Regulations, issued by the state laws properly, then there will be no offense in the country.
According to §28.01 State Law has no restriction in some cases. The holder can deliver alcoholic beverages like wine or beer inside the hotel building like lawn, garden, etc., but he doesn’t have permission to provide those beverages in the parking area which is strictly prohibited.
If the hotel got the license for allowing the visitor to have alcoholic beverages inside the hotel, e.g., If the person who has ordered wine with food then the order is placed for the person. However, at the same time, the permittee should not permit the person to carry his wine in an open container from the premises.
According to Section 28.10, the Permit holder has brewpub license. Then he is allowed to sell alcoholic beverages to its valuable consumer to drink inside or outside the premises. The bulk amount of beverages are also can be sold by the Permittee in a proper container, and the amount should not exceed a Thousand Barrels Per Annum.
The hotel who have permitted to sell alcoholic beverages, in that case, the management can allow the employee to deliver the alcoholic beverages to the consumer in the particular sidewalk area. The employee should not cross the law limits like he should not carry the alcoholic drinks in public sidewalk area which is illegal according to the Texas Open Container state law.
These are all can be possible, if the permittee holds proper License Premises.
According to Section §101.75 a person who is having an alcoholic beverage in an open container with seal broken in the public highway, public sidewalk area, or near the schools like government or private, or any part of nursery through higher secondary, then he will be considered as an offender. It’s undoubtedly against the State Law.
Overall every citizen in the country has to follow the State Law, which will lead to safe and happy life. The simple way is following State Law helps us not to cross the limits.