However, many Texas drivers dont realize that these laws are stricter than many believe. In other words, even if your car is parked on the side of the road, you can still be busted for an open container violation. 49.01. 318, Sec. 1212), Sec. Added by Acts 2003, 78th Leg., ch. Our focus is to try and have the case dismissed against you. This is the lowest level of criminal sanction in Texas. Keep in mind these are minimumsa judge can send you to jail for up to 180 days (6 months) for a Class B misdemeanor. Sec. The non-student was transported to the Lubbock County Jail and the vehicle was impounded by Lubbock Wrecker Services. 23.010, eff. Fighting a drunk driving accusation, charged as a DWI in Texas, is a stressful and scary situation. Texas 822, Sec. Texas Possession In the State of Texas, it is illegal to possess an open container of alcohol in a motor vehicle but the application of this law can be confusing. Simple possession of an open container is a Class C misdemeanor. FLYING WHILE INTOXICATED. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. So if your car is parked in your own driveway, you can have an open container in the passenger area. Each alcoholic container with a broken seal found in your vehicle leads to a citation. 900, Sec. 2023 The Law Offices of Tad Nelson & Associates, Court of Criminal Appeals Affirms DWI Manslaughter Conviction, NY Jets Fan Blamed Open-Container DWI Arrest on Teams Loss. The term includes the right-of-way of a public highway. Dont hesitate to schedule a free consultation today. An officer arrested a non-student for driving while intoxicated (open container) and possession of a substance (THC Oil), which occurred in the 3400 block of 22nd Street. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage To avoid from getting these fines and penalties, drivers should obey the traffic rules set by the state. These include: If you face court because of an open container violation, or if you got an open container charge in addition to a Texas drunk driving arrest, the team from Eddington Worley. 2, eff. 900, Sec. But if any one of the cans has been openedi.e., the pull tab has been pushed inthat is a problem. Possession of an open container of alcohol receives a $500 fine and jail confinement of 6 days. Acts 2017, 85th Leg., R.S., Ch. 49.031 (c) (1)- (2) tells us that it is legal to have an open container as a passenger when you are a patron in a taxi, bus, or limo, or if the alcohol container is in the living Texas Drivers should be conscious about the Texas Open Container Law before getting behind the wheel. (e) This code prohibits a passenger to possess an open container inside of a car, and that a peace officer can issue a citation with a notice to appear before a magistrate. The term includes the right-of-way of a public highway. Who Can Take Samples of My Blood Following a Possible DWI Accident? What if my passenger has an Open Container? 900, Sec. (2) Passenger area of a motor vehicle means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. This is whats referred to as the open container violation. 662 (H.B. (E) an offense under the laws of another state that prohibit the operation of a watercraft while intoxicated. If this happens to you, then contact a Texas attorney as soon as possible. 3, eff. (a) A person commits an offense if the person is intoxicated while operating an aircraft. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. Added by Acts 1999, 76th Leg., ch. time 996, Sec. No Refusal DWI Enforcement During Mardi Gras, A Note of Caution for Spring Break Drivers in Texas, Tarrant County Makes Super Bowl Sunday a No Refusal Day. If the open container is in the trunk, is that illegal? Possession of Alcoholic Beverage in Motor Vehicle (Open Container) Texas open container law prohibits an individual from possessing an open container of alcohol in a vehicle on a public highway, regardless of whether the vehicle is being driven, stopped or parked. A regular DWI carries a minimum jail term of 3 days, while the open-container DWI doubles that term to 6 days. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. Texas Penal Code - PENAL 49.031 | FindLaw Do Texas Open Container Laws Apply to Passengers in RVs or Motorhomes? Class C Misdemeanor, $500 Fine Drivers found with open containers in their cars can be given a citation which is a Class C misdemeanor, and face a fine of up to There is a statutory exception to the open container law for cases where someone is a passenger in a vehicle used primarily for the transportation of persons for compensation, such as a bus or limousine. 1298 (H.B. More than 400 grams. 1.01, eff. 900, Sec. It is against the law to knowingly possess an open container in a vehicle that is located on a public highway. It does not matter if the vehicle is actually moving on the highway. Can I Buy A Gun If I Have A DWI Conviction In Texas? Whether you face basic open container charges or an enhancement to your DWI, you have an opportunity to fight the charge. January 1, 2017. 969, Sec. Texas, like many other states, has laws against driving with an open container of alcohol in your car. Acts 2007, 80th Leg., R.S., Ch. 49.02. 1275, Sec. Some people ignore these citations but that is risky because the open container misdemeanor can lead to a serious DWI investigation. Furthermore, according to Fort Bend Attorney Daniel Lazarine, there are consequences for passengers in a vehicle that have an open container per to Texas Penal Code 49.031.2. Sec. Will an Arrest or Conviction affect my Student Loans? They will ask you to sign that you agree to appear in court and give you a copy of the citation. The trunk, the area behind the last upright seat of a car, and the glove compartment are not considered to be passenger areas of a vehicle. WebYes. In such a case, this violation of the open container law is open to treatment as a Class B misdemeanor. What Are Texass Open Container Laws? Sec. 14.55, eff. The term does not include: (A) a glove compartment or similar storage container that is locked; (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. September 1, 2007. and/or no more than $2,000 fines, Direct Access to Attorney's Email and Cell (Texting Okay! 49.031(a)(1) explains that an open container is any bottle, can, or other receptacle that has any alcohol in it. (b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. Not only does this state make it illegal to drive while under the influence of a substance, but its also among those that make it illegal for both drivers and passengers to have open containers of alcohol in their vehicles. 14.56, eff. Texas does not allow drivers to have an unsealed bottle, can, or cup of any type of alcoholic beverage in the passenger area of a motor vehicle while behind the wheel. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. 49.045: Driving While Intoxicated With Child Passenger, Sec. (b-2) An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1). 49.09: Enhanced Offenses And Penalties, Cargo area behind the last row of seats, such as in a van or SUV, Buses and taxicabs whose operators allow alcoholic beverages, The rear passenger compartment of limousines, The living quarters of a motorhome, camper, or similar vehicle. Open Container Attorney - Keates Law Firm, Travis County We can help you navigate this scary situation. This code prohibits a passenger to possess an open container inside of a car, and that a peace officer can issue a citation with a notice to appear before a magistrate. Acts 2011, 82nd Leg., R.S., Ch. Open Container Fine Texas - WCP Institute The statute also says that any area behind the last upright seat in a car is excluded, so long as the car does not have a trunk. 3, eff. 2, eff. At first, you might think you understand what qualifies as an open container, public highway, and passenger area. Sec. Email: not available, https://www.dwiattorneydallas.net/tx-minor-in-possession/, How to Adopt A Child in Texas International Adoption Process, Texas Fertility Lawyer Surrogacy Attorney in Texas. In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. 49.065: Assembling Or Operating An Amusement Ride While Intoxicated, Texas Penal Code Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Perhaps the goal is again to dissuade the driver from taking sips, or to prevent a driver from simply passing the beer can to someone else when being pulled over. But the law actually states there cannot be an open container anywhere in the passenger area of a motor vehicle. This means that even an open container on the floor of the cars back seat is still a violation. The Burden of Proof in Sex Crimes: What to Know. Amended by Acts 1999, 76th Leg., ch. It does not include a locked trunk or glove compartment. Are You Allowed To Drive For Uber Or Lyft With A DWI On Your Record? 2625 Harmony Park Crossing Open Container 49.031. will receive a written citation and a notice to appear before a judge. Section 49.031.2 (b) clearly defines what part of the vehicle violates the Open Container Law, and states that the Passenger of a motor vehicle means the area of a motor vehicle designed for seating of the operator and passengers of the vehicle. 3, eff. At The Martinez Law Firm, our DWI defense attorneys have a great deal of experience and expertise. However, 49.031(a)(2)(c) specifically explains that a locked glove compartment and the trunk are not considered a passenger area. Additionally this carries a fine of up to $100,000. A police officer will likely issue you a Related areas to Open Container include tickets and offenses under the umbrella of underage drinking such as Minor in Possession of Alcohol, or minors using a fake identification card, on aMisrepresentation of Age Case. However, the penal code is not so easy to interpret. 11, eff. For example, it is not illegal to have an unopened six-pack of beer in the back seat of your car. Just like all laws, there are instances where you may not get charged for having an open container in your vehicle. Do Not Blow Dallas - DWI Attorney Shana Stein. Essentially, any area where a container of alcohol is visible to the driver and within reach counts. Added by Acts 1993, 73rd Leg., ch. 49.031(c)(1)-(2)tells us that it is legal tohave an open container as a passenger when you are a patron in a taxi, bus, or limo, or if the alcohol container is in the living area of an RV or camper. Below are some basic questions about the open container laws in Texas and how they could affect you. Simply put, the law in Texas prohibits a person to have an alcoholic beverage in the car that is opened, has a seal that has been broken, or that the alcohol has been partially consumed or empty. 51), Sec. These issues can be contested in court, often with good results. Acts 2011, 82nd Leg., R.S., Ch. Drivers found with open containers in their cars, will need to speak to an attorney because you can be given a citation which is a Class C misdemeanor, and face a fine of up to $500. Contacting us or consuming the information on this website does not create an attorney-client relationship. Acts 2019, 86th Leg., R.S., Ch. 14.707, eff. See alsohttps://www.dwiattorneydallas.net/tx-minor-in-possession/. No matter the penalty, its important to understand how far-reaching the consequences can be. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. Similarly, open containers are permissible in the living quarters of a motorhome or RV. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. The only exclusions are containers that have never been opened or still have an intact factory seal. While the states punishment is limited to a relatively minute fine, it goes on your record. Similarly, if you receive a charge for an open container while on DWI probation or with a suspended drivers license, the potential penalties grow yet more severe.