Irving, TX Public Conduct: Public Alcohol Use (2026)
Key Facts
- Local ordinance
- None: state law governs
- Open container in vehicle
- Class C misdemeanor
- Maximum fine
- $500
- Governing statute
- Texas Penal Code 49.031
- Drinking in parks or streets
- Not a city offense
Summary
Irving has enacted no city ordinance against open containers or drinking alcohol in public. The subject is left to Texas state law: Penal Code Section 49.031 makes possessing an open container in a vehicle's passenger area on a public road a Class C misdemeanor.
Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal ... (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked ... (d) An offense under this section is a Class C misdemeanor.
Full Breakdown
Irving's Code of Civil and Criminal Ordinances contains no open-container or public-drinking offense. A full-text search of the current code surfaces only venue rules (Chapter 18A, BYOB establishments) and an amusement-center ban (Section 44-12): nothing covering parks, sidewalks, or streets. Drinking alcohol on foot in a park or on the street is therefore not a city offense in Irving, though public intoxication stays punishable under Texas Penal Code Section 49.02. The one open-container rule residents face is statewide: Section 49.031 bars a knowingly possessed open container in a vehicle's passenger area on a public highway, whether the vehicle is moving or parked. Irving police enforce it as a Class C misdemeanor.
Violations & Fines
Possessing an open container in a vehicle under Section 49.031 is a Class C misdemeanor, punishable by a fine up to $500 and charged by written citation. Public intoxication under Section 49.02 is a separate Class C misdemeanor.
Frequently Asked Questions
Can I drink alcohol in an Irving park or on a sidewalk?
Is an open container illegal in my car in Irving?
Sources & Official References
Other rules in Irving
Texas rules heatmap·Compare Irving to another location·View the Texas public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Public Alcohol Use in Nearby Cities
How other cities in Dallas County handle public alcohol use.