Category: Open Container Law

The Open Container Law And How It Works For Houstonians

How The Open Container Law Works In The State Of Texas

Are you planning a road trip or vacation soon? You may want to research the Texas open container law before you head out. Despite all of the money that is spent by the state on ad campaigns and anti-DWI initiatives, they don’t use nearly as many resources on informing individuals on how the DWI and open containers laws actually work in Texas.

This has resulted in numerous Texans finding themselves mistakenly breaking laws due to not really understanding how these laws work, to begin with. There are many myths about drunk driving out there, and a perfect example of that is the Texas open container law.

The Texas open container laws have more dimensions to them than some people might think they do. Things that you don’t know or understand can result in some very costly criminal charges. Before heading out this weekend, get the entire story on the Texas open container law and be aware of all of the facts that all Texan drivers need to know.

The History of the Open Container Law in Texas

The history of Texas’ open container law is actually fairly straightforward. However, all of the changes surrounding expungement, DWI, and open containers make it hard to stay current on all of the nuances related to the laws. Today’s open container law was first passed in 2001. The Texas open container law was a significant aspect of the state of Texas becoming stricter on driving and drinking.

What Texas Considers to be an Open Container

In order to understand the open container laws in Texas, it is very important to know what is considered to be an “open container.” An open container in Texas refers to any unsealed flask, can, bottle, or other device used for holding alcohol. For instance, an open can of beer or half bottle of vodka is considered to be open containers of alcohol. By contrast, a bottle of booze that was fully sealed would not be. موقع كاش يو

An open container of alcohol only becomes a crime if it is located in a motor vehicle’s “passenger area.” What that means is that the open container would have to visible as well as within reasonable reach of the driver’s seat (in the back seat rolling around, on the passenger seat, in a cup holder, etc.).

An open container isn’t technically considered to be within the “passenger area” if:

  • In the area that is located behind an upright seat (if there is no trunk in your vehicle)
  • In your vehicle’s trunk
  • In your glove compartment or other locked storage area inside your vehicle
  • Another important aspect of this law is that it applies whether you are stopped, moving, parked in, or right next to any public road.

Texas Open Container Laws and Passengers

Were you aware that the Texas open container law also applies to passengers? So, if a friend of yours is hassling you about bringing along a roadie as a rider, he isn’t simply trying to be mean. Technically the open container is within the “passenger area,” and both the vehicle’s driver and passenger who has the alcohol can be charged for possession of an open container, even when the driver is 100% sober.

Exceptions To The Open Container Law in Texas

There are some exceptions to the open container law in Texas for a couple of reasonable situations. For instance, if you are a passenger in a limo, train, bus, or taxi, you might be able to able to claim an exception from the open container law in Texas.

If you have a motorhome, self-contained trailer, or a recreational vehicle (RV) you might meet other exceptions to the open container law in Texas. Open containers inside of the living quarters of those vehicles usually considered to violate the law. بطوله امم اوروبا 2022 Remember that each situation is different and may drastically change if in the process you committed other crimes.

Texas Open Container Penalties

Possessing an open container in Texas is a Class C Misdemeanor – or a traffic ticket, in other words. If your blood alcohol concentration is under .08 and you haven’t committed any other crimes as part of the process, you and/or your friends will be issued a fine and ticket. In Texas, the open container fine is a maximum of $500.

A violation of the open container law isn’t the same thing as a DWI. That means that the Texas open container law doesn’t place you at risk of immediate arrest or time in jail as long as you are actually sober when the traffic stop occurs. However, an open container charge can become a lot more serious if it is discovered that you are in violation of DWI probation or have a DWI license suspension in the state of Texas from a prior DWI.

Another thing that you need to be aware of is if you are caught drinking and driving, then the last thing you will need to worry about is an open container misdemeanor. If you are caught drinking and driving it most likely will result in more serious charges, which can include a DWI charge.

Keep in mind that a Class C Misdemeanor might not be harmless. Getting a misdemeanor from the open container law in the state of Texas can affect financial aid and college admissions for students, potentially licensure and employment for professionals, and higher insurance costs as well.

Defenses Against Open Laws in Texas

Aside from the exceptions to the open container law, there are a number of defenses that are available in Texas against the open container law. If you are subjected to an unlawful search or an illegal traffic stop by a police officer a skilled attorney might be able to help you successfully defend these charges.

Have You Been Charged Unfairly? ألعاب فلوس Give The Jim Butler Law Firm A Call Today.

Even what appears to be a simple open container charge may be made unjustly or be used as a form of illegitimate evidence for a phony DWI charge. So if you or a loved one is facing a DWI charge in the state of Texas, don’t entrust your case to a second-rate defense or let time run out. Instead, hire Jim Butler, the premier DWI lawyer in Houston, today.

Understanding Open Container Laws in Texas

Who To Call If You’ve Been Charged With An Open Container Violation In Houston Texas

Texas is known for its strict DWI offense and open container laws. Yet, even with the number of citations or arrests because of driving with an open container of alcohol in the car, it is possible to defend against these charges. The best DWI lawyer in Houston Texas knows what works when defending against DWI and open container charges and will work on your behalf to get the charges reduced or dismissed altogether.

FAQs On Texas Open Container Law

The first step to protecting your rights is to know what they are and understand how the laws work. This is a brief list of the most frequently asked questions concerning the open container laws in Texas. The answers can help you better understand any citations or charges you may have.

Butler Law Firm | Houston Open Container LawHow Does Texas Define An “Open Container”

Texas defines an open container of alcohol as just that. It is any bottle, jug, can, bag or anything else that contains liquid, specifically alcohol. If the container is missing any of its original packagings, is currently open or has been open, or is missing any of its liquid contents, it is considered to be an open container in Texas. Even if you don’t have any measurable blood alcohol concentration level, you can still be charged with an open container violation. اربح المال

Can An Open Container Of Alcohol Be Legally Present Anywhere In A Vehicle?

Yes, you can transport an open container in the trunk of your car or vehicle. There must be no access to the vehicle from inside the car. If the vehicle doesn’t have a trunk, the open container must be stored in the locked glove compartment or another locked storage area or held behind the very last row of seats. If the open container is stored anywhere else, it is a violation of the Texas open container law. If the open container is within arm’s reach of either the passenger or the driver, Texas law enforcement officials may charge either of you with a violation of the open container law. A good example is the Smart Car. If you are driving a Smart Car which is very small, and have an open container of beer in the trunk, it is possible to be cited for an open container violation since the trunk is only a foot from the driver’s seat. العب روليت

What About If My Car Isn’t Moving?

Your car doesn’t have to be moving for you to get cited for an open container violation. You can even be parked in your own driveway or in a parking lot and if you have an open container of alcohol in the vehicle, you are breaking the law. Additionally, if you are hosting an event with alcohol and have drinks available in your vehicle, such as a tailgating party, you are violating the open container law.

If I Pull Over To Sleep After Drinking, Can I Be Charged With a DWI Or An Open Container Violation? كازينو اون لاين

In Texas, law enforcement officials can charge you with a DWI and/or an open container violation even if you’re parked or sleeping in your car. If you are too drunk to drive home, law enforcement officials will probably determine that you were driving while drinking before you stopped to sleep.

What Type Of Penalties Are Possible If I Get A DWI And An Open Container Charge At The Same Time?

In Texas, an open container violation is categorized as a Class C misdemeanor. If you are also charged with a DWI, this can be upgraded to a Class B misdemeanor which brings higher possible penalties. This applies whether you are a Texas resident or not. It is possible you will receive more jail time or a higher fine and you will most likely lose your insurance coverage. The state could also impound your vehicle and it will cost you a fee to get it back.

Call Us Today If You Are Charged With An Open Container Violation

Attorney Jim Butler is the best DWI lawyer in Houston Texas and can help when you’ve been charged with a DWI, open container violation or both. Call today and schedule a free consultation to discuss your case.