It's legal to drink in public in Texas, contrary to popular belief. There is no state law that prohibits the public consumption of alcoholic beverages, although many local jurisdictions have laws that restrict or prohibit it. Under Texas law, “open container” means a bottle, can, or any other container that contains any quantity of alcoholic beverage and that is open, that has been opened, that has been opened, that has a broken seal, or whose contents have been partially removed. A motor vehicle driver is considered to be under the influence of alcohol if a chemical screening test shows a blood alcohol content equal to or greater than 0.08 percent.
In many cities, it is illegal to consume alcohol on a public street, alley, or sidewalk within 1000 feet of a homeless shelter or substance abuse treatment center outside the business district. All pre-opened containers of alcoholic beverages should be stored and transported in the trunk of the vehicle (or behind the last row of seats if the vehicle does not have a divided trunk) or other storage that the driver or passengers do not have access to. Whenever you are on a public road, street, highway, interstate, or other public road, you may be charged if you carry non-alcoholic beverages in a vehicle. It is important to note that although it is legal to drink in public in Texas, it may still draw attention from law enforcement and result in an investigation for public intoxication.
Additionally, it is a class A misdemeanor to sell or consume alcohol in a place that is allowed to sell alcohol during restricted periods. In conclusion, while it is legal to drink in public in Texas, it is important to be aware of local laws and regulations regarding public consumption of alcohol and to always drink responsibly.
