Before we look at potential open container enhancements to DWI charges, let’s review the basic open container laws in Texas.
Per Texas law, it’s illegal to knowingly possess an open container of alcohol in the passenger area of a motor vehicle while on a public roadway. An open container is defined as any bottle, can, or other receptacle containing any amount of alcoholic beverage that is open, has been opened, or has a broken seal.
The law applies regardless of whether the vehicle is in motion or parked, and whether you’re the driver or a passenger. The only exceptions to this law are for passengers in vehicles designed for the transportation of people for compensation (e.g., taxis, limousines) and in the living quarters of motorhomes.
Open Container Enhancements
A Complication to Your DWI Case
If you’re arrested for Driving While Intoxicated and an open container is found in your vehicle, you’ll face additional penalties and more severe criminal charges.
While the presence of an open container alone does not prove that you were intoxicated, it will have a significant impact on your case.
Increased Fines and Penalties
When an open container is discovered in connection with a DWI charge, additional penalties and fines may apply.
In Texas, a first-time DWI offense carries a fine of up to $2,000. Additionally, you may face an additional Class C misdemeanor charge for each open container violation, which carries a fine of up to $500.
Furthermore, when it’s time to renew your Texas Driver License you’ll be hit with renewal surcharges which reach into the thousands of dollars. The surcharge for a 1st DWI is $3,000.00 and if there’s another offense within 36 months it jumps to $4,500.00. If you take part in a sobriety test and you’re shown to have a BAC of over 0.15%, the surcharge surges to $6,000.00.
Again, that’s if you’re convicted. With the right legal representation, that whole situation can be avoided at best, or deeply mitigated at worst.
Impact on Penalties & Jail Sentencing
If you’re convicted or enter a guilty plea, the open container enhancement may influence sentencing. The presence of an open container could be viewed as an aggravating factor. If this occurs, it could mean harsher penalties like longer license suspension, increased jail time, or both.
The circumstances of your case and any previous criminal history on your part will influence sentencing. However, first-time offenders will likely get credit for time served. Individuals with previous DWI convictions will face more severe penalties.
At the Law Offices of Tad Nelson & Associates, we have numerous strategies for keeping our clients out jail and getting these kind of cases dismissed. We may have options for deferred adjudication, community services, and other remedies to help you find middle ground. The information being shared on this page is for informational purposes and may not apply to your specific situation.
Defense Strategies: Open Container Enhancements
As a Texas Board Certified criminal defense lawyer, Tad Nelson understands the challenges that criminal charges can bring into your life. We’re here to help.
Part of our strategy for fighting these charges is to examine the circumstances surrounding the discovery of the open container. Once we’ve reviewed the details, we can determine the best strategy to counter its impact on your case.
Let’s review a couple of these strategies.
Challenging the Legality of the Search
One strategy to fight this charge is to challenge the legality of the search that led to the discovery of the open container. If the search was conducted without a warrant or probable cause, any evidence, including the open container, may be inadmissible.
If we’re successful with our challenge, the prosecution’s case will be weaker and might result in your case being dismissed.
Establishing Lack of Knowledge or Control
If we can show that you didn’t know about the open container’s presence or had control over it, this will help our defense.
For example, if the open container belonged to a passenger and wasn’t in your immediate vicinity, we could argue that you didn’t knowingly possess the open container. Successfully establishing a lack of knowledge or control might mitigate the impact of the enhancement on your case. Courts are usually reasonable in this regard.
Tad Nelson: Experienced Defense Attorney
Personalized Defense Strategies
Each person and case is different. There’s no one-size-fits-all approach that works for everyone. Our approach to fighting criminal charges is tailored to each person’s unique circumstances. Our priority is to review the details of your case, look for potential weaknesses in the prosecution’s evidence, and forge a strategy to counter the open container enhancement.
Protecting Your Future
A DWI conviction, especially with an open container enhancement, can have a lasting impact on your life. It could affect everything from your employment opportunities to your personal relationships. It can certainly hurt your finances. That’s why it’s important to have a skilled DWI defense lawyer on the case.
Need Help?
Talk With A Defense Attorney Today!
If you’re facing criminal charges for DWI in Harris County or Galveston County, possession of an open alcoholic container, or any other offense, don’t wait—contact Attorney Tad Nelson today. We have law offices in Houston, Galveston, and League City for your convenience.
We provide 100% free & confidential initial case evaluations and easy payment plans. To get started, call us. We’re at 281-502-2122.
