Drinking and driving is a serious issue in Texas. The state has strict laws to deter this behavior. One law that aims to prevent drinking and driving is the open container law. Open container laws make it illegal to possess or consume alcohol in a vehicle on public roads or highways.
What Qualifies as an Open Container?
In Texas, an open container is defined as any container that has been opened. Has had its seal broken or any of its contents removed. This means that not only bottles and cans are considered open containers, but also any other receptacle that contains alcohol. Even if the container is not completely empty, it is still considered an open container under Texas law.
It’s important to note that open container laws apply to all passengers in a vehicle, not just the driver. All passengers in the car can be charged with violating open container laws if someone in the car has an open container of alcohol, even if they are not the driver.
What Are the Penalties for Violating Open Container Laws?
You could face significant penalties if caught violating open container laws in Texas. The first offense is a Class C misdemeanor, which can result in fines of up to $500. A second offense is a Class B misdemeanor. It can result in fines of up to $2,000 and up to 180 days in jail. If you have two or more prior convictions, you could be charged with a Class A misdemeanor. That would result in fines of up to $4,000 and up to one year in jail.
Individuals convicted of violating open container laws may face driver’s license suspensions and increased insurance rates in addition to these criminal penalties. You could face even more severe penalties if you’re a commercial driver. These include losing your license and being prohibited from driving a commercial vehicle for a certain period.
It’s also important to note that open container violations can have long-term consequences. A conviction can stay on your record for years. That would potentially impact future employment opportunities and other aspects of your life.
What Should You Do if You’re Facing Charges?
It’s important to consult with an experienced criminal defense attorney as soon as possible if you’re facing charges related to open container laws in Texas. An attorney can help you understand the charges against you and your legal options. They can also work to build a strong defense on your behalf.
In some cases, an attorney may be able to negotiate a plea deal with the prosecution or have the charges dismissed altogether. Your attorney may argue that the container was not open. It was in the trunk or in the possession of a passenger not consuming alcohol.
It’s important to note that time is of the essence when facing criminal charges. The sooner you contact an attorney, the more time they have to investigate your case’s circumstances and build a strong defense.
About Rosenthal Kalabus & Therrian
Rosenthal Kalabus & Therrian is a law firm based in Texas that specializes in providing criminal defense services to clients. We have years of experience handling various criminal cases. Our firm has built a reputation for being one of Texas’s best criminal defense law firms.
At Rosenthal Kalabus & Therrian, the attorneys understand the gravity of being charged with a crime. They work tirelessly to protect their clients’ rights and freedoms. We have successfully defended clients in various criminal cases. These include DWI, drug crimes, assault, and white-collar crimes.
Our firm’s team of attorneys is highly skilled, knowledgeable, and dedicated to providing personalized legal representation to each client. We work closely with clients to understand their circumstances and develop a customized defense strategy tailored to their needs.
Contact Rosenthal Kalabus & Therrian Today
If you or a loved one is facing charges related to open container laws in Texas, it’s important to have a knowledgeable and experienced criminal defense attorney on your side. The attorneys at Rosenthal Kalabus & Therrian have a proven track record of successfully defending clients against criminal charges, including open container offenses. We are committed to providing each client with the dedicated, knowledgeable representation they deserve.
At Rosenthal Kalabus & Therrian, we understand that facing criminal charges can be a stressful and overwhelming experience. That’s why we’re here to help. We’ll work tirelessly to protect your rights and defend your freedom.
Don’t wait to get the legal help you need. Contact Rosenthal Kalabus & Therrian today at (972) 369-0577.