When is it legal to have an open container of alcohol in a motor vehicle passenger area?

  1. While the vehicle is stopped.
  2. Never. ✓
  3. While the vehicle is parked.
  4. While the vehicle is being operated.

Answer: B. Never.

It is never legal to have an open container of alcohol in the passenger area of a motor vehicle on a public highway.

Why this is the answer

The handbook states that possessing an open alcoholic beverage container in a vehicle's passenger area on a public highway is illegal no matter what the vehicle is doing. It lists the three situations people usually assume make it acceptable: the vehicle being operated, stopped, or parked. Each one is covered by the same rule, so none of them creates a legal exception. The fine for a conviction can go up to $500, and the handbook also notes that an open container raises the minimum jail time for a minor's DWI offense, which shows how seriously the state treats it.

Why the other answers are wrong

Remember it

Think of the three words the handbook groups together, operating, stopped, and parked: if all three are covered, there is no leftover situation where an open container is allowed.

Official handbook: Texas Driver Handbook (DL-7), Chapter 10: Alcohol and Drugs Impact on the Driving Ability , p. 56

Explanation drafted with AI (deepseek-flash) from the official handbook passage cited above, then checked automatically and by a second model on 2026-10-23. Always confirm with the official handbook.