Although the State of Texas is ferocious when it comes to prosecuting people believed to have been Driving While Intoxicated, the State of Texas is also aggressive when it comes to situations in which you’re found by an officer to have an open alcoholic container present in your vehicle, moving or not.
The Texas Open Container Law
Whether you’re operating your vehicle or have it parked on a public road, having a container which contained alcohol, or designed to contain alcohol in your vehicle is a misdemeanor criminal offense. The three main components of the Texas Open Container Law are outlined below.
Open Alcoholic Container: Any container which has any amount of alcohol beverage, that has been opened/seal broken, full or contents partially removed.
Passenger Area of Vehicle: This is the part of vehicle designed to seat the driver and immediate passengers of the vehicle. This area excludes locked compartments like trunks, glove compartments, and other locked storage areas.
SPECIAL NOTE: If the vehicle is designed for large parties, like a bus, boat, RV, or an airplane, and the drivers area is in it’s own section, separated from the passenger or living area, the law doesn’t apply unless the open container is near the driver, or in the area most immediate to the operator of the motor vehicle.
Public Highways: A public highway should be considered any publicly maintained thoroughfare, whether it be land, air, or waterway, that’s open for public usage.
Open Container Law: Penalties if Convicted
If you’re stopped by a law enforcement officer in Texas and charged with an open container violation you’ll face a charge for each open container in the vehicle at the time. The good news, the charge is a Class C Misdemeanor at least, however, if convicted of DWI the charged can be enhanced to a Class B Misdemeanor.
A Class B Misdemeanor criminal offense is punishable by a fine of up to 2,000.00, and a county jail sentence which can last from 6-180 days.
A Class C Misdemeanor, the lowest level of criminal classification in Texas, is punishable by a fine of up to 500.00.
Attorney Joseph Gagliardi Will Represent You
Have an upcoming court date coming up? Call The Gagliardi Law Firm, PLLC at 713-224-6277, schedule a meeting with us, and we’ll evaluate your case and let you know what your best options are.
If the case is winnable we’ll fight to win. If the case appears to unwinnable, then we’ll adjust our strategy entirely, and work with the State of Texas.
If it comes to that, we’re almost always able to secure some from of probation with can result in the charge being eligible to be removed from your criminal background in the future, granted that you’ve successfully satisfied the terms of any agreement we’re able to broker with the court on your behalf.
Secure legal representation for your case immediately. Contact The Gagliardi Law Firm, PLLC at 713-224-6277, or send us a message using the contact form.