About this video
An open beer in the cupholder turns a standard first DWI into a DWI with open container — same Class B misdemeanor, but with a mandatory minimum of six days in jail instead of three. Former Vehicular Crimes prosecutors Brian Foley and Luis Baez explain what "open container" means under the Penal Code, where in the vehicle it matters, and the ways the enhancement is attacked.
This video is educational only and does not create an attorney-client relationship.