Almost all states in the US have open container laws. These laws refer to the presence of an unsealed container, be it a bottle, can, or any other receptacle containing alcohol in a car’s cabin. The thinking behind the Texas open container law is that it will discourage drunken driving and attempts to circumvent laws governing liquor licenses for establishments like restaurants.
It can be all too easy to fall afoul of the Texas open container law. Want to take that half-consumed bottle of Scotch along for drinks with a friend? If it is not in the trunk, you could be guilty of a misdemeanor offense that remains on your record. Has your passenger opened a can of beer? As the driver, you are responsible, and you and your passenger will face a citation. If you’ve been cited for an open container violation, or if this charge is part of a larger DWI case, an experienced Houston DWI defense attorney can help you understand your legal options and fight for the best outcome. Here are all the details you need to know.
If it is in a private car and the seal has been broken, a container with any amount of alcohol in it should not be in the passenger cabin or even on an unoccupied back seat. If your car is parked on a public road, the Texas open container law still applies. The message is clear: keep any open alcohol bottles in your car well out of reach, ideally in the trunk.
In private cars, the only exceptions to the open container law prohibiting their presence in the passenger area are when they are stored in containers that are locked, for example, in a locked glove compartment.
If your vehicle does not have a trunk and the container is behind the last seat in the seating area, that is acceptable. Similarly, if you have an RV or camper van, and the open container is in its living area, that may also be accepted since the open container is not in the passenger area.
The only clear exception to the Texas open container law arises when you are a paid passenger in a vehicle designed or used to transport passengers for compensation. In other words, police may accept that your open container is legal if you are paying for a ride in a taxi, bus, or limo.
All the same, the driver or transport operator has the right to decide whether you can have an open container in your vehicle. Uber’s terms and conditions specify that open containers are not allowed. Many other transport operators have similar prohibitions.
As long as you are not driving drunk and have not committed any other offense, you will ordinarily not be arrested for having open containers in your car. Instead, you will receive a citation. If several people in your car have open containers, or you have several of your own, you will be fined for each one.
You may be sure that officers will find the driver of a car in which they find open containers to be worth a closer look. This can turn what would have been a simple matter of pulling over and showing your license into an investigation.
Officers will certainly be interested in confirming whether you are driving while intoxicated. Know your rights during a DWI traffic stop. If you are found to be on parole or probation, the consequences can be much direr than a citation. For example, your probation grant can be revoked. Understand the DWI court process.
The problem with citations is that they appear on your criminal record. Although having an open container in your car is only a Class C misdemeanor, it can still count against you in the future.
Even if you are otherwise law-abiding, prospective employers or college admission boards may still hold a Class C misdemeanor against you. As a result, it is worth seeing a lawyer and discussing the circumstances of your citation with them.
Any defense will depend on the circumstances surrounding the incident. For example, although a driver should control the actions of passengers, one of them may have opened or brought along an open container without your knowledge. Other defenses may relate to the procedure. You may have been stopped illegally, or there may be insufficient evidence.
In short, it is well worth getting a Houston criminal defense lawyer’s opinion on whether your case is worth contesting. As an alternative, it may be possible to have your record sealed or expunged after 180 days. Again, assistance from a lawyer will help you to achieve this. Fill out our quick contact form now or call (713) 804-6492 to get started with a free confidential consultation today.