Is There A Texas Law That Actually Punishes Designated Drivers?

Perhaps you've seen stories about this Lubbock, TX, law while scrolling the internet. The one that targets designated drivers, and thought, "That can't be true, can it?" Well, let's find out.

Driving under the influence of alcohol or any drug is obviously dangerous. Here in Texas, you can be punished with up to a $2,000 fine, up to 180 days in jail upon conviction, and you can lose your driver's license for up to a year.

Texas Law That Punishes Designated Drivers?

That makes sense. Punishing people who make roads unsafe for the rest of us is a no-brainer, but has anyone ever read about the law in Lubbock County that actually takes aim at designated drivers? According to online memes and stories, in Lubbock County, a drunk passenger could get their designated driver in trouble.

"In Lubbock County, it is illegal to drive within an arm's length of alcohol." This law also explicitly includes alcohol that is currently coursing through someone else's bloodstream, via Discover Walks.

While this law has been passed around social media for years, it turns out it is, thankfully, false. Or at least a gross misunderstanding of the law. Here's what an actual Texas lawyer says about this:

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• Open container laws: It is illegal in Texas for a driver to have any open container of alcohol in the passenger area of a vehicle. This applies even if the driver is not drinking.
• Passenger restrictions: It is also illegal for passengers to drink alcohol in a vehicle, as this is a violation of the open container laws.
• Misinterpretation: The "arm's length" rule may have originated from a misunderstanding or misinterpretation of the state's open container law.

Rest easy, Texas do-gooders. A designated driver getting busted for a DUI due to a drunk passenger appears to be a 100% myth. Onward and upward!