#open container

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,…

Texas aggressively fights drunk driving. But is the state so aggressive that it would charge a passenger with DWI? If you are seated in a car that gets pulled over by police, are you at risk of getting slapped with a DWI? The answer is “possibly.” At Tad Nelson & Associates, we’ve seen some crazy prosecutions for DWI, including passengers facing criminal charges for DWI. Read on as we explain how…

Appeals Court Tosses Misdemeanor Open Container Conviction

Having an open container of alcohol in your car can be a problem if you are stopped by a police officer. The mere presence of the container can be cited as a Class C misdemeanor, which carries a maximum fine of $500. And if the officer also has probable cause to arrest you for DWI, that open container can lead to enhanced penalties should you be ultimately convicted of that charge. Don’t Panic…