DWI Open Container in Houston or Harris County carries increased punishment with mandatory minimum jail sentencing.  If you or a loved one has been charged with DWI in Houston or Harris County, call us now for a free consultation.   

What is DWI Open Container?

A DWI or Driving While Intoxicated offense occurs when an individual operates a motor vehicle in a public place while intoxicated.  It can be enhanced to DWI Open Container when the evidence at a trial shows that the defendant was in immediate possession of an open container. 

 

Here's what the law states specifically.  
(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 motor vehicle 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. Texas Penal Code Sec. 49.04 (c).  

What is an Open Container?

"Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.  Texas Penal Code Sec. 49.031.

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How do you challenge a DWI Open Container case?

There are many ways to challenge a criminal case and even more to challenge a DWI Open Container due to the large amount of scientific evidence that is typically associated with Blood Draws, breath tests, and the standardized field sobriety tests normally performed in DWI investigations. 

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Here are some  common issues we look at in every DWI case.

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• Did the officer have a legal right to pull over your vehicle?

• Was there consent to search or question you?

• Did the officer coerce a statement or fail to read Miranda Rights before custodial interrogation?

• Was the alcohol container entirely empty?

• Was the alcohol container stored in the trunk area of an SUV or in the bed of a truck?

• Are there mitigating circumstances which warrant a departure from the enhancement of open container?

Why hire a Board Certified Attorney?

In the criminal justice system the only decision you get to make entirely on your own is who you choose to be your lawyer.  Hiring a Board Certified Criminal Defense Attorney means that your lawyer has the highest level of certification offered by the State of Texas in Criminal Law and certifies them as an expert in their field.  When you get surgery you don't just go to a general practitioner you see a specialist and an expert in their field.  The same should be true when your life and career is on the line in a DWI case. 

What is the punishment for a DWI Open Container?

A DWI open container is a Class B Misdemeanor and has a maximum punishment of 180 days in jail and up to a $2,000 fine but more importantly a minimum punishment of 6 days in jail or up to 2 years of probation. 

 

A State Traffic fine may also be issued in the amount of $3,000 for first time DWI cases and $6,000 with a result of 0.15 or greater.