Mar.01.2019

Like in various other states, that is illegal to drive while intoxicated in Texas. Girlfriend are taken into consideration intoxicated as soon as your BAC is at or over 0.08% and also you obtain behind the wheel that the car. A lot of civilization want to know, however, if have the right to passengers drink alcohol in a car? Is there a Texas open up container law?

Many people do no realize the it’s likewise illegal to also have an open up container that alcohol in the passenger area of your vehicle. You might receive an open up container ticket, or worse, you could be encountering criminal charges.

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If you have actually questions around Texas’ open up container regulation or need assistance with fighting criminal charges, it’s necessary to call a Texas criminal defense attorney.

Texas open up Container Law

The Texas open container regulation was pass in 2001 and is spanned under Texas Penal Code ar 49.031. Under the statute, an open up container is much more than just having actually an open have the right to of beer in her vehicle. That is used to any kind of container that contains alcohol inside. Instances include:

CanCupFlaskBottleGlass

You can additionally be in problem for any other vessel, consisting of your very own water party or a leftovers container. As soon as you recognize what the law specifies as a container, you need to know what constitutes as open. A container is considered open even if the lid is on the container, yet the “seal” is broken, or a section of the contents are removed.

What around the passenger area of your vehicle? What does the law think about the passenger area? In general, the the front or ago seats where civilization can sit in the vehicle. The passenger area go not encompass a trunk, locked glove compartment, or the area behind the last upright chair in a van or car (if your car doesn’t have a trunk.)

In the occasion you have actually multiple containers in the vehicle when she stopped, it will certainly not be a separate charge because that each one. That will just be one charge, but it’s tho one that you must avoid. If you are leaving a friend’s party or a restaurant, lock the alcohol up in the trunk just to be safe.

Exceptions to Texas open up Container Laws

There are some situations where an exemption to the open container laws will apply. Because that example, if you space a passenger top top a train, bus, or in a taxi or limo, friend could try to case an exemption to the open container laws. If you have a self-contained trailer, recreational automobile (RV), or a motorhome, you might qualify under the other open container law exception. If you have actually an open up container in what is considered to be the life quarters, the exemption will usually apply. However, this is no an absolute law/rule, especially if you are committing other crimes in the process.

Texas open up Container Penalties

Texas considers possession of an open up container to be a Class C Misdemeanor. This method it’s basically a web traffic ticket listed your BAC is below 0.08 and also you were no committing any kind of other crime at the time you to be stopped. Friend and/or her passengers will certainly be approve a ticket to salary a fine. The maximum good is $500.

Some civilization think an open up container is choose a DWI. The is not, so that method you room not at threat for any type of jail time or gift arrested as soon as you’re pulled over, noted you are sober at the time. If you room on a DWI probation, or if you’ve had actually a DWI patent suspension, the penalties deserve to be much more severe.

Don’t be fooled though. A course C Misdemeanor is not necessarily harmless. It could impact you under the line in a number of different ways. You can have difficulty with college applications, gaue won aid, enhanced insurance premiums, denial of service licenses, loans, apartment applications, and more.

Defense come an open up Container Ticket in Texas

In enhancement to the abovementioned exemptions, there may be a defense that is accessible in your specific situation as well. Because that example, if the traffic avoid was illegal, or the officer conducted an unlawful search, then you may have actually a successful defense. A Texas criminal defense lawyer can aid you prepare a perform of defenses and assist you struggle the charges.

Were You fee Unfairly? contact a Texas Criminal Defense lawyer Today

If you received an open up container ticket or were charged through a crime in link with the website traffic stop, it’s important to talk with a Texas criminal defense attorney best away. Contact the Tidwell legislation Firm, PLLC today to schedule one initial consultation. Let one of our expert attorneys prepare the best defense feasible in hopes of obtaining the charges decreased or dismissed entirely.

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Jerry Tidwell

Jerry Tidwell established the Tidwell legislation Firm, PLLC in 2006. Jerry graduated cum laude with a Juris Doctor degree from the Texas tech University school of Law. As a member the the State Bar of Texas, Jerry has actually over 14 years of legitimate experience and also practices family and criminal defense law. He has actually earned a Superb rating by Avvo. To find out more, check out Jerry’s complete bio here.