How An Open Container Can Affect Your Texas DWI Case
How An Open Container Can Affect Your Texas DWI Case
Driving while intoxicated (DWI) is a serious offense in Texas, and adding an open container of alcohol into the equation can significantly complicate your case. Many people underestimate the impact an open container can have on the outcome of a DWI charge. In Texas, open containers laws are strict, and the presence of an open container during a traffic stop can lead to additional penalties. It’s important to understand how Texas law treats open containers and how they may influence a DWI case. Knowing the potential ramifications can help you make informed decisions and understand the stakes if you’re charged with both DWI and possession of an open container. At Mark Diaz & Associates, we focus on ensuring that our clients are fully aware of the laws that apply to their cases and the possible defenses available.
Understanding Texas Open Container Laws
Under Texas Penal Code § 49.031, an open container is defined as any bottle, can, or other receptacle that contains alcohol and is open, has been opened, or has a broken seal, or the contents of which are partially removed. This law applies to any passenger area of a vehicle that is located on a public roadway, regardless of whether the vehicle is in motion or parked.
Possessing an open container in a vehicle is typically classified as a Class C misdemeanor. While the open container offense alone carries a fine of up to $500, its presence during a DWI investigation can have more severe consequences. The open container can serve as additional evidence of intoxication, making it harder to argue against the charge.
How An Open Container Can Impact Your DWI Case
Increased Evidence Of Intoxication
An open container in your vehicle may strengthen the prosecution’s case by suggesting recent alcohol consumption. Law enforcement may argue that the presence of an open container supports their claims that you were drinking and driving, even if you were not intoxicated at the time of the stop.
Additional Charges And Penalties
While a DWI charge on its own carries severe consequences, the addition of an open container can escalate the situation. If convicted of a DWI with an open container, Texas law mandates a minimum of six days in jail, compared to the standard minimum of three days for a first-time DWI offense.
Complications In Defense Strategies
Defending against a DWI charge often involves questioning the evidence of intoxication, such as field sobriety tests or breathalyzer results. However, the presence of an open container introduces an additional hurdle because it provides visual and circumstantial evidence that can be difficult to dispute.
Public Perception And Jury Bias
If your case goes to trial, an open container may sway jurors’ perceptions. Jurors might assume that the open container indicates a disregard for the law, which could make them more inclined to convict.
Relevant Texas DWI Statutes
In addition to § 49.031 governing open containers, Texas Penal Code § 49.04 outlines the elements and penalties of a DWI charge. A person commits DWI if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” is defined as having a blood alcohol concentration (BAC) of 0.08% or higher or not having normal use of mental or physical faculties due to alcohol or drugs.
If an open container is present during a DWI arrest, the court considers this an aggravating factor, which may lead to enhanced penalties under § 49.04(c).
Defending Against A DWI With An Open Container
At Mark Diaz & Associates, we work tirelessly to build strong defenses for our clients. When dealing with a DWI charge involving an open container, we focus on several key strategies:
- Challenging The Traffic Stop – We assess whether the officer had a valid reason to stop your vehicle. An unlawful stop can lead to the suppression of evidence, including the open container.
- Examining The Search And Seizure – We review the circumstances under which the open container was discovered. If the search violated your Fourth Amendment rights, we may be able to exclude the evidence.
- Questioning Field Sobriety And BAC Tests – We scrutinize the methods used to determine intoxication. Faulty equipment or improper procedures can cast doubt on the reliability of the results.
- Highlighting Alternative Explanations – An open container in your vehicle does not necessarily prove recent consumption. We may argue that the container belonged to a passenger or was from a prior occasion and had no bearing on your ability to drive.
Penalties For A DWI With An Open Container
A first-time DWI conviction in Texas typically results in a fine of up to $2,000, up to 180 days in jail, and a license suspension of up to one year. Adding an open container to the charge increases the minimum jail sentence and may lead to harsher fines and longer license suspensions. For repeat offenders, the penalties are even more severe, and the open container can significantly affect sentencing.
Avoiding Common Mistakes After A DWI Arrest
If you’ve been charged with DWI and an open container, it’s critical to act quickly and avoid missteps that could hurt your case. Avoid making statements to law enforcement without an attorney present, and refrain from discussing your case with anyone other than your lawyer. Contacting an experienced DWI defense attorney is the most important step to protecting your rights and building a strong defense.
FAQs About Open Containers And Texas DWI Cases
How Does An Open Container Affect A First-Time DWI Charge In Texas?
An open container can add to the severity of a first-time DWI charge by increasing the minimum jail time from three days to six days. It also strengthens the prosecution’s case by serving as evidence of recent alcohol consumption.
Can I Be Charged With An Open Container Violation If I’m Not Driving?
Yes, under Texas law, you can be charged with an open container violation even if the vehicle is parked. The law applies as long as the vehicle is on a public roadway and the open container is in the passenger area. However, there are limited exceptions that could be appllicable.
Does An Open Container Always Lead To Additional Charges?
Not necessarily. If the container belongs to a passenger and you are not intoxicated, you may avoid additional charges. However, this requires careful legal defense to ensure that the open container is not improperly linked to you.
Can An Open Container Be Used As Evidence Of Intoxication?
Yes, prosecutors often use an open container as circumstantial evidence to support a DWI charge. They may argue that the container indicates recent drinking, even if your BAC is below the legal limit.
What Are The Penalties For An Open Container Violation Alone?
Possession of an open container in Texas is a Class C misdemeanor, punishable by a fine of up to $500. However, when combined with a DWI charge, the penalties can escalate significantly.
Can I Contest The Legality Of A Search That Found An Open Container?
Yes, if law enforcement conducted an illegal search, the open container evidence could be suppressed. An attorney will review the details of the search to determine if your rights were violated.
Does An Open Container Affect My Chances Of A Plea Deal?
The presence of an open container can make prosecutors less willing to offer a plea deal. They may view it as an aggravating factor that warrants harsher penalties.
Can Passengers Legally Have Open Containers In A Vehicle?
Passengers in certain vehicles, such as limousines or party buses, may have open containers legally. However, in standard private vehicles, passengers are also prohibited from possessing open containers.
How Can An Open Container Violation Impact A DWI Conviction For A Minor?
Texas has a zero-tolerance policy for underage drinking and driving. If a minor is charged with DWI and found with an open container in the vehicle, the penalties can be even more severe. A minor can face automatic license suspension, increased fines, and mandatory alcohol education classes. The presence of an open container may also result in additional charges for Minors in Possession of Alcohol, further complicating the case.
What If The Open Container Was Empty During The DWI Arrest?
Even if the container is empty, Texas law still considers it an open container if it has been unsealed or its contents partially removed. Prosecutors may still use the empty container to suggest prior alcohol consumption. However, we can argue that an empty container alone does not prove recent drinking or impairment at the time of the arrest.
Can An Open Container Increase The Risk Of Felony DWI Charges?
While an open container alone does not elevate a DWI to a felony, it can be a contributing factor if combined with other circumstances, such as repeat offenses, a child passenger in the vehicle, or serious bodily injury resulting from a DWI accident. If you have prior DWI convictions or were driving with a minor present, the open container could be used to justify harsher felony charges.
Does An Open Container Affect License Suspension In A DWI Case?
Yes, the presence of an open container during a DWI arrest can affect the administrative license suspension process. While the standard penalty for a DWI involves a license suspension, the open container can be treated as an aggravating factor that influences both the duration of the suspension and the ability to secure an occupational license.
Can A Passenger Be Held Responsible For An Open Container In A DWI Case?
If a passenger is holding an open container, they can be charged separately under Texas’s open container laws. However, if the driver is also charged with DWI, the presence of the container can still impact the driver’s case, especially if the officer believes the driver had access to the container or was involved in its consumption.
Contact Our Galveston DWI Defense Law Firm For A Free Consultation
If you’ve been charged with DWI and possession of an open container in Galveston or Houston, you need a skilled defense team to protect your rights and fight for the best possible outcome. At Mark Diaz & Associates, we are committed to providing personalized and aggressive legal representation. Contact our Galveston DWI defense law firm at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We proudly represent clients in Galveston, Houston, and throughout Texas. Let us help you take control of your case.