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.
How 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
A DWI offense in Houston is serious and the city, as well as the state, takes it very seriously. Financial penalties can be harsh, even for those who are first-time offenders. In the United States, DWI’s are common, but many people that commit them are average citizens that are not your average criminal. However, if you are faced with a DWI charge, then you will be treated like a criminal.
Consequences/Charges For First Time Offense In Texas
A first DWI offense in Houston and the rest of the state are considered Class B misdemeanors. If you’re convicted of this type of misdemeanor, the chances are you’ll be hit with a fine of up to $2,000. You may also be sentenced up to 180 days in jail.
Bear in mind that these are the minimum penalties that you can be faced with. DWI law is incredibly complicated. This is why you need to understand every single detail associated with your case.
For example, there are various things that can complicate your offense. This is even if it’s your first offense. Penalties can quickly escalate. A few examples of how your case can be complicated include:
1. DWI .15 Or Higher
If your blood alcohol concentration levels come back as .15 or higher after taking a breath or blood test, then you may be charged with a Class A misdemeanor, which carries fines of up to $4,000 and up to a year in jail. Under the state law, if you’re convicted of this type of misdemeanor, then you may be required to have an ignition interlock device installed in your car. This device prevents a driver from being able to start their car if they have been drinking.
2. DWI With Passenger Under .15
If you are pulled over and determined to be intoxicated with someone who is under the age of 15, then you could find yourself facing a felony charge. This charge is very serious and carries a potential of 180 days to two years in a state jail, as well as a fine of up to $10,000. This is regardless of the passenger was your child or not.
3. Intoxication Assault
If you injure someone while you are intoxicated, then you can be charged with a felony. The felony is classed as a third-degree felony. This means you can be faced with fines of up to ,000 and spend between two and 10 years in a state jail. magyar nyerőgépes játékok
4. Intoxication Manslaughter
This will result in a second-degree felony. The consequences for this includes prison time of two to 20 years. You could also be faced with a fine of no more than $10,000.
If you’re convicted for a DWI in Houston or anywhere in Texas, then you are probably going to spend three days in jail. That is if it’s your first offense. Other forms of punishment may include probation or community service.
You might have to meet other conditions, such as going to a rehab facility that is state-approved, but this depends on the judge’s ruling. You might have to attend DWI school too and/or undertake a 12-hour course that has to be taken within six months of being sentenced to probation. If you refuse to take the course or attend it, then your license will be revoked. You can get your license back after you complete the required course.
There are civil consequences that come along with being convicted of a DWI offense, such as your driver’s license being suspended, even if it is your first offense. Your license could be suspended even without a conviction for a period of up to 180 days if you refused a breath or blood test. It may be suspended for up to 90 days if your test results were above .08. Implied consent laws mean that you consent to sobriety tests and if you refuse to do so, then the state your automatically suspend your driver’s license.
ALR, short for Administrative License Revocation, starts 40 days after the Notice of Suspension is given to you. When you receive this notice, you have 15 days to put in a request for a hearing. If you want to reinstate your license, then you need to pay $125.
Finally, the Texas Department of Transportation has a surcharge. You will pay ,000 per year for three years if you’re convicted. a kaszinó online film Remember, this is all for a first offense.
Getting Help
As you can see, a first time DWI charge is very serious. Your personal life and your professional life can be left devastated. melyik fogadóiroda nem korlátoz Your reputation can take a hit too, and a DWI charge can wreak havoc on your finances.
However, you shouldn’t give up all hope because there is something you may be able to do. Remember, police officers need probable cause and they need to gather and present evidence of a DWI offense before they can make an arrest. There are procedures they must follow under the law when they conduct sobriety tests.
DWI law is complex and a nuance. Every case is unique, which includes yours, so don’t think that you can’t win because the evidence that has been gathered to be used against you. You can hire legal counsel. In fact, that is exactly what you should do, but make sure you hire an attorney that represents clients in DWI cases.
Have you been charged with a DWI offense in Houston because if so, then you need a professional attorney that works with clients in Houston. We urge you to call Butler Law Firm right now, or you can contact us via the form on our website. If you don’t know how to go about finding and choosing an attorney in Houston, then do a bit of research on lawyers before making a decision. Whatever you do, make sure you get legal help, even if it’s your first time being charged with a driving while intoxicated offense.
