A person can be charged with an open container offense if they’re found by law enforcement officers to have an open or opened alcoholic container in the passenger area of a vehicle that’s on a public roadway. The charge can be applied whether the vehicle is parked or moving, is classified as a Class C Misdemeanor and is a ticketable offense, unless combined with a DWI charge.
If you’re facing criminal charges for an Open Container Law violation in Galveston County, Attorney Amber Spurlock may be able to help you get the charge dismissed. Call 409-904-0407 to discuss your case.
Texas Open Container Laws
Possession of Alcoholic Beverage in Motor Vehicle
Per Texas Law, and open alcoholic container is any device used to hold liquor that is open, has been opened, or has had it’s seal broken.
Whether you’re drinking and driving or not, you can be held criminally liable if even an empty beer can, with as little alcohol as used beer suds in it, is found in the back of your pick-up truck by police officers during a routine traffic stop.
Galveston DWI Lawyer Amber Spurlock is on your side if you’re interested in fighting the charge, feel you were wrongfully accused, and if you want to keep your criminal record clear or keep new charge off of it.
Criminal Penalties if Convicted
If you’re convicted of violating Texas’ Open Container Laws, the penalty will be assessed under Class C Misdemeanor Guidelines which entail a $500.00 fine. However, in most cases when a person is found to have an “open container”, they’re usually arrested for DWI.
In which case, we may be able to have the charge reduced to a Class C Misdemeanor open-container violation, if not dismissed outright. The ultimate criminal penalty may be related to any previous criminal history at least, and any previous DWI related criminal history at worst.
Avoid Conviction for an “Open Container”
Contact Attorney Amber Spurlock
Even though an open container violation is, at the most basic level, a misdemeanor criminal offense, the charge/conviction will appear on your background and may cause serious trouble for you if you’re “accused” of DWI, or a related offense, again in the future.
If you would like to go over your case with an experienced DWI defense attorney, call Attorney Amber Spurlock by calling our office at 409-904-0407.