Violations of open container laws in Texas, and all other alcoholic offenses involving vehicles, are taken very seriously by law enforcement officials in our state.
It’s illegal for anyone in the vehicle, in transit or not, to have an open alcoholic beverage container according to Texas DWI laws.
An open container violation is a Class C Misdemeanor criminal offense.
Texas DWI/Open Container Cases
DWI with open container is clearly defined by Texas law. Whether the vehicle is stopped, parked, or being driven, knowingly being in possession of any form of alcoholic beverage container that has been opened, or has had its seal broken, is an illegal offense.
This is true if the vehicle is stopped, the alcoholic beverage is in is in the possession of a passenger, and/or there’s just a few drops or “suds” left in the container.
An alcoholic container is any device that can hold alcohol which could be a can, cup, bottle, etc.
Keep in mind that your vehicle does not have to be in motion for you to fall into violation of open container laws of the State of Texas.
Even if your car isn’t moving, having an open alcoholic container with any amount of alcohol in it will leave you at the mercy of the Houston Police Officer as to whether or not he wants to arrest and take you to jail or not.
If you are stopped and arrested for DWI, and an open alcoholic container is present in the vehicle, your criminal charges may be enhanced at the request of the prosecutor during courtroom proceedings.
If you’re dealing with enhanced DWI charges in Houston you will need an experienced attorney skilled in lawyering enhanced DWI cases.
Professional Houston DWI Lawyers
When you’re facing charges for DWI With An Open Container in Harris County, Texas, you’re facing serious criminal charges that need to be fought in order to avoid your being jailed, fined to the tune of thousands of dollars, and saddled with a criminal record that will follow you for the rest of your life.
This is in addition to the souring of many opportunities that you may have been able to take advantage of had you not had the criminal offense on your record in the first place.
Criminal Law Board Certified DWI Lawyer/Forensic Scientist Tad Nelson will fight to have your DWI/Open Container case dismissed. If we aren’t able to get the case dismissed, will work to get deferred adjudication, after which, we should be able to expunge the criminal record from your background, or take the case to trial and work to get a NOT GUILTY verdict from the jury.
To fight the charge you’ll need smart legal representation with proven tactics drawn from experience. Attorneys Tad Nelson & Amber Spurlock have the experience to justify confidence in any defense direction ventured.
Even if you don’t retain attorney Tad Nelson or Amber Spurlock for your legal representation, be sure to contact another qualified DWI lawyer in Houston so you can, at least, have a chance of leaving the courtroom with the best possible conclusion to the ordeal.