Can you be arrested for an open container if you were just standing on a sidewalk?

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1291878

2026-08-01 13:15

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Yes you can. To a cop, it's like you put up a red neon sign, and if there are 5 of you in the car and only one drinking, the driver is still likely to be the one bearing the sharp end of the law, even if he didn't even know it was there. I mean REALLY didn't know. He's in charge of the vehicle, and in some places he might well have it impounded. Plus, if I see you out round my town and you are driving drunk, I'm probably the guy following you and talking to the cop on my cell phone to make sure the kid you kill isn't mine. I can still never understand why a Coors Lite is worth a month in a Texas jail. Phil



Actually the person who answered before me is incorrect, you cannot be arrested for open container, or speeding, but those are the only two you cannot be arrested for. You may be cited for open container. And if you have been drinking, then yes, but just the open container, no. Person who answered before me, go read the Texas Traffic laws.

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