Open Container Violations
Facing Open Container Charges in Brazoria County?
Contact Attorney Sandra J. Oballe at 979-265-6800.
There are numerous facets of Texas’ DWI laws, one of which, are the legal provisions related to having an open container present in a vehicle that’s located on public roads. It’s a crime. With a laser-like focus on DWI enforcement and the prevention of drunk driving, most folks who are arrested and charged with a criminal offense on the basis of there being an open container (for alcohol storage purposes) find the charge baffling. Why? The law doesn’t require anyone in the vehicle to be intoxicated for the charge to apply.
Attorney Sandra J. Oballe, an experienced criminal defense lawyer, knows the impact on the quality of life that anyone charged with a criminal offense will endure. If convicted, the stakes are raised. If you’re looking for a lawyer that knows how to beat open container violation charges in Texas, call Sandy at 979-265-6800.
Open Container Violations & Texas Law
It is illegal to knowingly possess an open alcoholic container (open container) in a vehicle or passenger area of a vehicle that’s located on a public roadway.
Open Container: Per Texas law, an open container is any bottle, can, or other receptacle used to store or carry alcoholic beverages. If the device is opened, has a broken seal, or had any of it’s contents removed, it qualifies as an open container according to Texas law.
Passenger Area of Vehicle: Unless the container was located in a locked glove compartment, trunk, or in the storage compartment behind the last upright seat in a vehicle with no trunk, possession is assumed and the criminal charge will apply.
Public Highway: A public roadway or a location directly adjacent to the boundaries of one, that’s open to public traffic.
Associated Criminal Penalties
For persons arrested and charged with an open container violation the offense is classified as a Class C Misdemeanor, unless a DWI is involved, then the offense will be enhanced to a Class B Misdemeanor.
Criminal penalties for Class C Misdemeanor convictions max out at a $500.00 fine. Class B Misdemeanor penalties include a jail sentence that can range from 3 days to 6 months and fine of up to $2000.00.
In other words, if you were driving your vehicle in violations of the Texas Open Container law you’ll likely be ticketed, but if you were drinking or if the officer feels you were drunk, it can result in a county jail Class B Misdemeanor charges in addition to any additional DWI charge applied to your case.
Charged with an Open Container Violation in Brazoria?
If you’re facing criminal charges for an open container violation in Angleton, Brazoria, Alvin, Pearland or elsewhere in Brazoria County or in Houston, TX, you have legal options that you need to know about. You don’t have to plea guilty or make a deal with prosecutors.
Our criminal defense team will craft a reasonable defense for your case and push for a speedy case dismissal. We’ve have numerous successes for our clients and we can help you.
Since 2003 Attorney Sandra J. Oballe has been the go-to lawyer in Angleton for people in need of smart, aggressive, and effective legal representation and has received lots of positive reviews on her work.
If you’re facing felony or misdemeanor criminal charges, there’s a defense for you. To contact The Law Office of Sandra J. Oballe submit a message via contact form or call the law office directly at 979-265-6800.