If you’re planning to be out on the road soon, it’s important that you take the time to research the open container law for the state of Texas. Many individuals end up finding that they’ve mistakenly broken a law due to not actually understanding how it works. The open container law is one that helps to curb that type of misunderstanding.
When it comes to the open container law itself, there’s more involved with it than people might think. What people may not know about the law itself could end up getting them hit with criminal charges that are expensive in nature.
The current law as we know it was officially passed back in 2001 and helped Texas become much more strict regarding drinking and driving. The following qualifies as an “open container” under the current law:
*Unsealed bottle/flask/other device designed to hold alcohol
This means that, for instance, if a driver has an open can of beer or half a bottle of vodka, these would count as “open containers.” On the other hand, fully-sealed bottles of alcohol would not be. In order for the law to have been violated, the open container must be located in the passenger area of a vehicle, meaning it would have to be visible and able to be reached from the driver’s seat. Any open container would not be considered to be in the passenger area if the following apply:
*It is located in a glove compartment or other type of locked storage area in the vehicle
*It is located in the trunk
*It is located in the area behind your upright seat (for vehicles that don’t have trunks)
The current law also applies whether or not a vehicle is in motion.
Another important aspect to remember is that the law also applies to passengers. For instance, if a friend tells you not to bring open containers of alcohol in their car, this is because they don’t want to be in violation of the law since this would constitute the open container being in the passenger area. Even if the driver is completely sober, they can still be arrested and charged with violating the law if a passenger has an open container of alcohol.
There are, however, some exceptions to the law. For instance, an individual can claim exemption from the law if they are a passenger in one of the following vehicles:
*Taxi
*Bus
*Train
*Limousine
*RV
*Motor home
*Self-contained trailer
It’s also important to note that violating Texas’ open container law is not the same thing as getting a DWI. Possessing an open container is classified as a Class C misdemeanor, meaning you’ll likely end up getting only a ticket. Furthermore, as long as your blood alcohol level is below .08 and no other crime is being committed in the process, the chances are great that you will only receive a ticket and a fine, which is no more than $500.
On the other hand, the punishment can be more severe if you are found to be in DWI probation violation or if your license has been suspended in Texas due to being charged with a DWI previously.
There are also various defenses that exist in terms of the law. For instance, if you were subjected to an illegal traffic stop or you were forced into an unlawful search of your vehicle, you may be able to utilize the services of a skilled attorney to fight the charges against you.
Thank you for visiting Gabriella Young’s blog, an Austin criminal defense attorney. We write to inform you about laws, events and news.