San Marcos Possession of Alcohol in a Vehicle Lawyer
In Texas, having an open container of alcohol in a vehicle may seem like a minor issue — but it can carry serious consequences, especially if it’s paired with other offenses like DWI or underage drinking. Even a first offense can lead to fines, a permanent criminal record, and complications if you’re stopped by police again in the future.
At The Law Offices of David C. Hardaway, we understand that not every encounter with law enforcement is the result of reckless behavior. Sometimes people make honest mistakes or find themselves in the wrong place at the wrong time. Our job is to make sure one lapse in judgment doesn’t define your future. If you’ve been cited or arrested for possessing alcohol anywhere in Hays County, our San Marcos possession of alcohol defense lawyers are ready to help.
What Does Texas Law Say About Alcohol in Vehicles?
Under Texas Penal Code § 49.031, it is illegal to knowingly possess an open container of alcohol in the passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being driven or is stopped or parked.
An “open container” refers to any bottle, can, or other receptacle that contains any amount of alcohol and has been opened, has a broken seal, or has had some of the contents removed.
This law applies even if:
- The vehicle is not moving
- The driver is not drinking
- The container belongs to a passenger
Where Alcohol Can — and Cannot — Be Stored in a Vehicle in Texas
Alcohol must be stored in a location that is not readily accessible to anyone in the passenger area. The law makes exceptions for:
- A locked glove compartment or similar storage container
- The trunk of the vehicle
- The area behind the last upright seat (in vehicles without a trunk)
What Are the Penalties for Possession of Alcohol in a Vehicle?
Possession of an open container is generally classified as a Class C misdemeanor, which carries a fine of up to $500, but no jail time for a first offense. However, if you are also charged with driving while intoxicated (DWI) and an open container is present, the DWI charge becomes a Class B misdemeanor with a mandatory minimum jail sentence of six days. This enhancement can make a DWI case significantly more difficult to resolve favorably.
How Open Container Charges Can Affect Your Record
While a Class C misdemeanor may seem minor, it can still result in a permanent criminal record. That record could show up in background checks for jobs or housing, school or student conduct reviews, and law enforcement traffic stop history. Over time, what seemed like a small citation can have larger consequences, especially if you face future charges for alcohol-related offenses.
Defenses Against Open Container Allegations in San Marcos
Every case is different, and any of several possible defenses may be available depending on the facts. Common defense strategies might include, for instance:
- Arguing that the container was stored legally (e.g., in the trunk)
- Disputing who the container belonged to or whether the driver had knowledge of it
- Challenging the legality of the traffic stop or search that led to the discovery
In many cases, we’re able to help clients avoid a conviction altogether through dismissal, reduction of charges, or deferred disposition.
College Students and Alcohol Offenses in San Marcos
San Marcos is home to Texas State University, and students often face alcohol-related charges that could put scholarships, student housing, or even enrollment at risk. If you’re a student or the parent of one, know that open container citations — especially when combined with minor in possession (MIP) or DWI — can have lasting effects beyond the courtroom.
Our firm routinely represents students charged with drinking and driving offenses and understands how to balance strong legal defense with strategies to protect academic standing and future opportunities.
Why You Shouldn’t Just Pay the Fine
Many people think they can resolve an open container charge by simply paying the fine. But doing so is an admission of guilt and creates a criminal record that may not be eligible for expungement. Before you take that step, talk to a defense attorney who can walk you through your options and help you make an informed decision.
How The Law Offices of David C. Hardaway Can Help
We take every case seriously — even the ones others might consider “minor.” Why? Because we’ve seen firsthand how quickly a single citation can spiral into much more serious legal trouble. When you work with our firm, you get honest, straightforward advice about your situation from an attorney who actually listens to your concerns and employs creative legal strategies that focus on protecting your future.
We know how to approach prosecutors, present mitigating evidence, and argue for reduced or dismissed charges whenever possible. Whether you’re a local resident, student, or someone just passing through San Marcos, we’ll help you take control of your case and move forward.
Call a San Marcos Criminal Defense Lawyer Today
If you’ve been cited or arrested in San Marcos for possessing an open container of alcohol in a vehicle, don’t leave your future to chance. Call The Law Offices of David C. Hardaway today to speak directly with an experienced criminal defense attorney. We’ll give you a straightforward assessment of your case and a strategy for resolving it.
