Can I get a DWI for having an Open Container in my car?
In the state of Texas, it is illegal to have an open container of alcohol in your car. But there are several things to consider to understand whether or not you will get a DWI for an open container of alcohol. It’s important to know about your rights and the potential consequences of open container violations. Recognizing these things will help you avoid citations and know your options if charged. Here’s what can happen if you’re found in possession of an open container.
Texas Open Container Laws
To start, we need to know what determines an open container and how Texas law handles them. Any alcoholic beverage that has been open counts as an open container. For instance, alcohol in its original packaging with an open or broken seal, or noticeably missing liquid, is considered open. So, if you’re heading to the lake or park and take a bottle of vodka with you that’s been partially drank with the lid closed tight, this is still considered an open container. Additionally, other open containers include water bottles or flasks that contain alcohol.
Is having an Open Container in my car illegal in Texas?
Simply having an open container in your vehicle is not an offense. In Texas, open containers of alcohol become illegal when they are in the passenger area of the vehicle. The passenger area is identified as the area around the driver and passenger seat. Similarly, it may be the backseat depending on the circumstances. Thus, having an open container in your trunk does not violate Texas law. Similarly, if you’re driving an Uber or Lyft and a passenger in the back seat is in possession of alcohol, you should not be charged with a DWI. However, it’s possible an Open Container charge may be issued.
The last thing to know about open containers is that you actually need to be on the road or in a public place to be charged. You cannot get a Texas open container charge while sitting on your porch or in your driveway. However, pulling over on the side of the road with a beer in the passenger seat puts you at risk for an open container charge.
How does an Open Container impact a DWI charge?
An open container in a vehicle is not enough for a DWI charge. In fact, despite an open container the State must prove the elements of a DWI charge. An open container may give an officer reasonable suspicion to initiate a DWI investigation. The DWI investigation is where the officer will attempt to identify signs of intoxication based on the Standardized Field Sobriety Tests. If the officer finds “Probable Cause” to believe a Texas Driving While Intoxicated charge has occurred the officer will then arrest the driver for DWI. In fact, the charge will be a DWI with an Open Container.
The difference between a regular Texas DWI and a Texas DWI with Open Container is the minimum jail sentence. In a typical Texas DWI a person convicted must serve a minimum of 3 days in jail. If a person is convicted of a Texas DWI with Open Container the minimum sentence is doubled to 6 days in jail.
Summary
Possessing an alcoholic open container in your car is not an instant DWI. Even when you are found violating Texas open container laws, it is a Class C misdemeanor with a fine. In this case, you will not be arrested but will have to appear in court for the citation. However, the officer is likely to consider the Open Container as “Reasonable Suspicion” to begin a DWI investigation. This will lead the officer to investigate whether the driver is intoxicated. Combining an open container with a DWI charge increases the minimum jail time from 3 to 6 days. In addition, it makes it more difficult to fight than a DWI charge on its own.
What to Do After a Citation or Arrest
If you’re facing charges from an open container, a DWI, or both, Stephen T Bowling, DWI & Criminal Defense Attorneys can help. Having an experienced lawyer on your side can make a big difference, as they may be able to reduce or dismiss the charges. You have the right to seek representation, so make sure you’re represented justly. Call today to see how the team at Stephen T Bowling, DWI & Criminal Defense Attorneys can help you fight a DWI for open container violation.
