To-Go Cocktails and Traffic Stops: can you still get margaritas to-go in Texas and how do takeout drinks interact with open container and DWI laws?

Yes, you can still get margaritas to-go in Texas as of December 9, 2025, but the drink must be sealed in a tamper‑evident container, sold with food, and transported correctly so it does not count as an open container. If you keep a to-go cocktail within reach in your car, or you break the seal, you can face an open container ticket and even a DWI investigation. The safest plan is simple, place the sealed drink in your trunk or the area behind the last row of seats, and do not open it until you are home.

If you are a Practical Worrier like Mike, a Houston construction manager who needs clear rules, this guide walks you through Texas to-go alcohol rules, open container law, and how small mistakes can trigger big problems. We will cover can you still get margaritas to-go in Texas, safe transport steps, and exactly what to do if an officer stops you in Harris County.

Can you still get margaritas to-go in Texas in 2025?

Yes. Texas allows restaurants and bars with the right permits to sell mixed drinks to-go and for delivery when they follow packaging and food purchase rules. The drink must be in a sealed, tamper‑evident container and the sale usually pairs with food. Staff must check ID, and drivers who deliver must keep the drink sealed during transport. Local cities cannot change the statewide vehicle open‑container rules, but enforcement priorities can differ by area. In greater Houston, expect officers to treat a broken seal or a sip taken in the car the same as any other open container.

Why this matters to you, a visible cup with a straw or a broken sticker can be enough for an officer to start asking questions. Keep the factory seal or restaurant seal intact, keep the receipt with your food order, and store the drink out of reach.

Texas to-go alcohol law and safe packaging basics

• The cocktail must be sealed with a tamper‑evident lid, sticker, or band. If the seal is broken, it is treated as open.
• Most restaurants must include a food item in the sale. Keep the receipt with your order.
• No straw in the lid and no missing cap. A lid with a straw hole is risky. If there is a hole, it must be fully covered by tamper tape without punctures.
• Delivery drivers and customers cannot open the container until they reach a private location where drinking is legal.

For a busy Houston evening, think about the handoff. Take the bag, check the seal, place it straight in the trunk, and drive away. Simple steps like that cut your risk.

Open container rules in vehicles, explained in plain English

Texas open container law makes it illegal to have an open alcoholic beverage in the passenger area of a motor vehicle on a public road. Passenger area means anywhere people sit or that is easy to reach while seated, including cupholders, center consoles, and an unlocked glove box. The law applies to drivers and passengers. A sealed, tamper‑evident to-go margarita should not be an open container until the seal is broken, but the safest move is to keep it out of reach so there is no debate at the roadside. For the statute that defines DWI and open container offenses, see the Texas Penal Code chapter on intoxication and DWI offenses.

Legal exceptions do exist. A container may be kept in a locked glove compartment, the trunk, or if no trunk exists, the area behind the last upright seat. There are also exceptions for some vehicles for hire and for the living area of a motorhome. Even with exceptions, best practice in Houston is still the trunk.

Penalty snapshot for open container, it is typically a Class C misdemeanor with a fine up to $500. If an officer believes you are intoxicated, you can be investigated for DWI on top of that. One mistake many people make is thinking the open container ticket is just a minor traffic citation. It creates a record and it can be used as evidence in a DWI case.

DWI risk from to-go margaritas, what can turn a legal purchase into a case

DWI in Texas does not require alcohol to be visible in the car. It requires proof you operated a vehicle while intoxicated, usually by loss of normal mental or physical faculties or a blood alcohol concentration of 0.08 or more. A broken seal or a straw in a to-go cup can become one more fact officers use to expand the stop into field sobriety tests and possibly arrest. In short, a to-go drink becomes risky if it is within reach, looks open, or smells like alcohol.

Micro‑story that feels real, Mike leaves a job site in the Galleria area, grabs tacos and a sealed to-go margarita on the way home. He puts the bag on the front seat with the cup visible. After a lane change without signaling near the Westpark Tollway, HPD pulls him over. The officer sees condensation on the cup, the safety sticker is partly lifting, and there is a straw tucked in the bag. That is enough to ask questions about alcohol. Mike now spends thirty minutes doing roadside tests with traffic flying by. If he had put the sealed cup in the trunk, the conversation likely stays about the lane change, not alcohol.

Step‑by‑step: safe transport methods that work in Houston

• Do check the seal at pickup. Ask for extra tape if needed.
• Do place the sealed drink in your trunk. If you drive an SUV or truck, use the area behind the last upright seat.
• Do keep the receipt with a food item. Store the receipt in the bag.
• Do wait to open the drink until you are at home or another legal place.
• Do not keep the drink in a cupholder or door pocket.
• Do not insert a straw or break any seal, even a little.
• Do not hand the drink to a passenger to hold in the front or back seat. The open container law covers passengers too.
• Do not try to finish the drink in the parking lot if you will drive soon. That creates different legal risks.

You work hard and you need quick, simple rules. Follow the checklist and you lower your chances of a roadside investigation on I‑10, I‑45, or Beltway 8.

Houston TX enforcement of open container and DWI laws, what to expect during a stop

In Harris County, officers commonly start a stop for a basic traffic reason like speeding or a lane change without signaling. If they see a cup that looks like a cocktail, or they smell alcohol, they will ask focused questions and may start field sobriety testing. If there is a broken seal or the drink sits in a cupholder, you can receive an open container ticket. If the officer believes you are intoxicated, the stop can move quickly to arrest and a tow truck.

Take the pressure down by knowing what to do if an officer stops you. Your tone matters. Keep your hands visible, be polite, and provide license and insurance. You can refuse roadside exercises, but be ready for follow‑up steps such as a breath or blood request. The less drama at the roadside, the better your options later.

Immediate actions after a traffic stop, a simple do‑this or not‑this plan

• Move to a safe spot, roll down your window, and turn on interior lights at night.
• Provide documents calmly. Avoid sudden movements.
• Do not argue about the drink on the seat. If asked, state that any to‑go beverage is sealed and stored out of reach.
• Do not perform field sobriety tests if you feel unsteady or confused. You can politely decline.
• If arrested, note the time of release and all paperwork you receive. These documents start license deadlines.

For a deeper walk‑through of each step, including booking and paperwork, see step-by-step actions after a traffic stop and arrest. Those steps help you protect your license and set up your defense early.

Short 15‑day ALR reminder so you protect your Texas license

If you refused or failed a breath or blood test, you usually have 15 days from the date you received the suspension notice to request an Administrative License Revocation hearing. If you miss the deadline, the suspension often begins on the 40th day after notice. Learn exactly how to request an ALR hearing and protect your license, and use the state site for the official filing window and forms through the Official DPS ALR hearing request and deadlines. Timelines can be tight, so act quickly to avoid a default suspension.

Common misconceptions and the real rules for restaurant and bar to-go cocktail regulations

• Myth: If the cup lid is on, it is always legal to keep in the front seat. Reality: If the seal is broken or there is an opening for a straw, officers may treat it as open. Keep it out of reach.
• Myth: Passengers can hold a to-go drink because they are not driving. Reality: The open container law applies to passengers too.
• Myth: An open container ticket cannot impact a DWI case. Reality: It can be used as evidence and it can lead to more testing.
• Myth: To-go drinks are a Houston thing only. Reality: The rule is statewide. Local enforcement can vary, but the legal standard is the same.

Costs and consequences if a stop turns into a DWI case

For a first DWI in Texas, penalties can include fines up to $2,000, jail time up to 180 days, a license suspension, and thousands more in surcharges and fees. Even if you avoid jail, the process takes time, money, and energy you do not want to spend. That is why small choices about where you place a to-go drink matter.

Carefree Millennial (Tyler), quick numbers so it is real, open container ticket up to $500. First DWI, think several thousand dollars in total cost, a possible suspension, and a criminal record. Two minutes to toss a sealed drink in the trunk can save months of headache.

Technical footnote for the curious reader

Analytical Planner (Ryan), for statute‑level detail, Texas Penal Code Chapter 49 defines DWI and open container offenses, including what counts as an open container and where it cannot be located. See the Texas Penal Code chapter on intoxication and DWI offenses. Administrative license consequences come from Texas Transportation Code and DPS rules that set the 15‑day hearing request window and the 40‑day effective date if you do nothing. Treat these as general references and consult a qualified Texas DWI lawyer for advice about your specific facts.

Discretion and job protection for professionals

Career Protector (Sophia), many employers never need to see an open container ticket, but a DWI arrest can trigger reporting duties in some industries. Ask about strategies to reduce public footprint, court settings that avoid work conflicts, and record sealing options later if available under Texas law. For a bigger picture on how criminal records affect hiring and what is visible, read about how a DWI can affect your job prospects and record long-term. Keeping the to-go drink out of the passenger area is a small step that protects career momentum.

High‑stakes Executive (Marcus), the top‑line answer, yes you can buy to‑go margaritas statewide, and there are legal defense and privacy options if a stop occurs. Early planning and careful transport reduce risk without slowing your schedule.

Realistic Houston examples of how to-go drinks play out roadside

• Visibility issue on Westheimer: A restaurant‑branded cup in a cupholder catches attention after a rolling stop. The driver did not drink, but the lid has a puncture. Result, open container ticket, questions about alcohol, and a brief investigation.
• Broken seal in Midtown: A delivery bag slides, the band snaps, and liquid drips onto the seat. After a stop for speeding, the officer smells alcohol. The driver faces both an open container ticket and a DWI probe. A trunk would have prevented both.
• Good outcome on the North Freeway: The driver keeps the sealed margarita behind the last row of seats. After a minor stop, the officer never sees or asks about alcohol. The stop ends with a warning for speeding.

You want your commute and your job to stay steady. Store it right and drive on.

Frequently asked questions about can you still get margaritas to-go in Texas

Is it legal to buy a to-go margarita in Houston in 2025?

Yes, Texas allows to-go cocktails statewide when the drink is sealed in a tamper‑evident container and the sale follows restaurant and bar to-go cocktail regulations. Local police in Houston enforce the same state open container and DWI rules if the seal is broken or the drink is within reach.

Where should I put a sealed to-go drink in my vehicle?

Keep it in the trunk. If you do not have a trunk, place it behind the last row of seats. Do not store it in a cupholder, door pocket, or an unlocked glove compartment.

What happens if the seal breaks while I am driving?

If the seal breaks, the drink can be treated as an open container. You could receive a Class C misdemeanor ticket and the officer may check for signs of intoxication. Move the drink out of the passenger area and do not drink it until you are home.

Can a passenger hold a to-go drink?

No, the open container rules in vehicles apply to passengers too. A passenger holding an open or unsealed drink in the passenger area can lead to a ticket and more questions for the driver.

If I refuse a breath test, how long do I have to act on my license?

You typically have 15 days from the date you were given notice to request an ALR hearing. If you do nothing, a suspension can begin on the 40th day after notice. Use the state portal to track exact deadlines.

Why acting early matters after any alcohol‑related stop

Open container and DWI cases move fast in Harris County. Paperwork you receive at release starts the clock on your license. Memories and video are strongest in the first days. Acting early helps you spot issues with the stop, confirm where the drink was stored, track down receipts, and keep work and family on schedule. You do not need to handle this alone. A qualified Texas DWI lawyer can explain your options and help you avoid preventable harm to your license and record.

If you want quick roadside guidance in a visual format, watch the short video below. It covers common mistakes and what to do during a Texas DWI stop so you can protect your license and lower your risk if you ever have a to-go drink in the car.

For map details and directions, see the Butler Law Firm location and local contact information.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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