Open Container Law Texas Jail Time

Open container law punishment.

Open container law texas jail time. Fines jail time and other consequences. The statute also makes it clear that it does not matter if the car is driving down the road or just parked and turned off. Over the past several years the state has cracked down on drivers who violate those laws resulting in large fines and even jail time for violators. Open container offenses dwi arrests often someone is charged with possession of an alcoholic beverage in motor vehicle open container at the same time they are charged with driving while intoxicated dwi.

Longer jail time can also result if a driver is charged with a dwi and if an open container is found in the vehicle. Texas penal code penal tx penal section 49 031. You should also know that if you re actually caught in the act of drinking and driving the open container charge may be the least of your worries. It is an exception to the application of subsection b that at the time of the offense the defendant was a passenger in.

Being caught drinking while driving can lead to other more serious charges possibly including dwi. Every day adults are arrested for suspicion of dui upon the determination that their blood alcohol level bac is above the legal limit of 0 08. Even though texas open container laws are so strict and broadly defined it often still comes as a surprise that these laws apply to a vehicle s passengers as well. Read the code on findlaw.

The state of texas has fairly strict laws when it comes to driving while drinking or while under the influence of drugs. In texas violating the state s open container law is a class c misdemeanor punishable by a fine not to exceed 500. Longer jail time can also result if a driver is charged with a dwi and if an open container is found in the vehicle. Open container law in texas.

Texas open container law. A passenger holding an open container is violating state law even if they are never in a position to actually operate the vehicle. If you have questions about texas open container law or need assistance with fighting criminal charges it s important to contact a texas criminal defense attorney. Open container means a bottle can.

There are a few things called enhancements. Under the statute an open container is more. C if it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person s immediate possession the offense is a class b misdemeanor with a minimum term of confinement of six days. 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.