Austin Open Container Laws
CAN YOU DRINK ALCOHOL IN PUBLIC IN AUSTIN TEXAS?
Yes, public consumption of alcohol is permitted in most parts of Austin. Unfortunately, public alcohol consumption is still banned in many appealing areas, including public parks, most of downtown, around the UT campus, and along South Congress.
- Is Open Container legal in Austin? While Austin does allow public alcohol consumption, it remains a violation of state law to possess an open alcohol container in a motor vehicle. Possession of Alcoholic Beverage in a Motor Vehicle is a class C misdemeanor, punishable by a maximum $500 fine. Learn more.
- Can you walk with an open alcohol container in Austin? Yes, it is legal to walk down the street with an open alcohol container in much of Austin. However, public alcohol is still banned in public recreation areas, downtown, around the UT campus, and along South Congress.
WHERE CAN YOU WALK AROUND WITH AN OPEN CONTAINER IN AUSTIN?
Austin residents can walk around with open alcohol containers on public streets, roadways, or sidewalks in much of the city, including most residential neighborhoods. However, public alcohol consumption is banned in public parks, around UT, along South Congress Avenue, and downtown.
- Can you drink and walk in Austin? Yes, Austin law allows people to walk around with alcohol in most neighborhoods. Austin residents can drink outside around their house, in their neighborhood, or while socializing outside a friend’s house. However, it remains a criminal offense to drink so much so as to be publicly intoxicated. Learn more.
CAN YOU TAKE DRINKS TO GO AUSTIN?
Yes, Texas law allows alcohol to go so long as it’s included with a food pickup or delivery order. Learn more.
- Is Austin, Texas a zero tolerance state? Austin is not a zero tolerance jurisdiction. Residents can purchase alcohol, publicly drink in most neighborhoods, and legally drink and drive, so long as they are not intoxicated. However, Austin frequently enacts “No Refusal” policies where suspected drunk drivers must forcibly submit a blood sample. Learn more.
- What are the blue laws in Austin? Although liquor stores must close on Sunday, alcohol is available for purchase on all days of the week in Austin. Residents can purchase beer and wine in many retailers and can even purchase liquor on Sunday in bars and restaurants. State law does restrict the hours for alcohol purchase, however. Learn more.
CAN YOU DRINK IN A PUBLIC PARK IN AUSTIN?
No, it is a violation of local ordinance to consume alcoholic beverages in public recreation areas, including public pools, athletic complexes, and public parks in Austin. However, the city will occasionally permit alcohol during special events or festivals. Drinking alcohol in a park is otherwise a class C misdemeanor with a maximum $500 fine. Learn more.
- Is it legal to drink at Zilker Park? It is illegal to drink alcohol at Zilker Park. However, the city does allow temporary exceptions during special events and festivals like ACL Fest and Blues on the Green. Learn more.
- Do people drink at Barton Springs? Although clandestine alcohol consumption is common at Barton Springs, it is a violation of Austin’s local ordinance. People observed drinking will be asked to leave and are subject to a maximum $500 fine. Learn more.
- Can you drink at Texas Stadium? Yes, alcohol is available at the University of Texas Longhorns football stadium. Football fans at Darrell K. Royal-Texas Memorial Stadium can purchase alcohol, with a maximum 2 drinks per transaction, and sales ending in the 4th Quarter. However, no outside alcohol is permitted. Learn more.
WHAT IS THE DRINKING STREET IN AUSTIN TEXAS?
Austin residents can legally drink alcohol on most neighborhood streets, roadways and sidewalks. However, local ordinance bans public alcohol consumption in public recreation areas, around UT, downtown, and along South Congress Avenue.
- Is downtown Austin open container? No, public alcohol consumption remains illegal in downtown Austin in the area between Town Lake and MLK Blvd, and between IH-35, and Lamar Blvd. It is also against the law to possess an open alcohol container in a vehicle in downtown Austin, as it is in the rest of Texas. Learn more.
- Can you walk around 6th street Austin with alcohol? No, it is illegal to walk on 6th street with alcohol as it is included in the downtown area where public alcohol consumption is banned. Downtown Austin police are notorious for aggressive enforcement in this district which means individuals are more likely to be cited and arrested in this area. Additionally, there are several extraordinarily high-powered cameras on buildings in this street that can be used to identify offenders.
WHAT IS THE ALCOHOL LIMIT IN AUSTIN?
The legal BAC limit for driving in Austin, as in the rest of Texas, is 0.08. Drivers operating a motor vehicle with a BAC greater than 0.08 can be arrested and charged with DWI in Austin. DWI is a severe offense with vast consequences. Learn more.
- Is drinking in public illegal in Austin, Texas? Drinking in public is illegal in Austin generally only in public parks, downtown, around the UT campus, and along South Congress. Residents can publicly drink alcohol in most other areas and neighborhoods although it is a criminal offense to be intoxicated in public. Learn more.
- Can you drink open in Austin, Texas? Yes, Austin residents can drink openly in most neighborhoods, streets, roadways, and sidewalks. Austin residents can not drink openly around UT, downtown, along South Congress, and in public recreation areas including public parks, athletic fields, and swimming pools.
WHAT ARE THE EXCEPTIONS TO THE OPEN CONTAINER LAW IN AUSTIN TEXAS?
Motor vehicle passengers in Austin can consume alcoholic beverages while riding in an uber, a taxi, a limo, or in a motorhome. It is also legal to transport unopened alcoholic containers in a vehicle. Texans may otherwise transport open alcoholic beverages in a closed trunk area of their vehicle, or in a locked glove box compartment. Learn more.
- Can you have open containers in Austin, Texas? It is illegal to possess an open container of alcohol in a motor vehicle in Austin. Open Container is a class C misdemeanor with a maximum $500 fine. Austin residents may otherwise consume alcoholic beverages openly in most neighborhoods, streets, and sidewalks. However, open alcohol consumption is banned downtown, around the University of Texas campus, along South Congress Avenue, and in public parks.
CAN I WALK AROUND WITH A BEER IN AUSTIN?
Yes, Austin residents can walk around with a beer in most neighborhoods, sidewalks, streets, and roadways. However, local ordinance forbids Austin residents from walking around with a beer around the UT campus, along South Congress, downtown, and in public recreation areas including parks, swimming pools, and public athletic complexes.
- Can you drink alcohol on the street in Austin? Yes, a person can drink a beer on the street in Austin, Texas. In fact, Austin residents can drink alcohol on most streets in the city. Drinking alcohol is not permitted on streets around the University of Texas, along South Congress Avenue, and downtown.
- Can you drink tap in Austin? Yes, Austin is famous for its lively nightlife and bars, many of which keep several local and international beers on tap. Austin is also home to a variety of celebrated breweries like Austin Beerworks, Live Oak Brewing Company, and Jester King Brewery.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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