Any person operating a car or a passenger cannot transport or possess an alcoholic beverage in an open can or bottle or with a broken seal in Fort Worth. It applies to any vehicle in a parking lot and a place accessible to the public, like highways. You should transport the open container in a locked compartment if your car does not have a trunk. The lawmakers determined that the open alcohol receptacle in a motor vehicle makes it easier for the driver to drink and drive and potentially be drunk driving. Failure to abide by this law can lead to criminal penalties like incarceration. One of the most significant consequences of having an open container in your car is not the open container ticket itself but the fact that it can result in driving while intoxicated charges. A police officer can use the receptacle as probable cause to arrest you for DWI. It can also serve as an aggravating factor to your criminal charge. Please continue reading this article to learn how an open container affects your DWI case.

An Overview of Open Container Crime

Having an open alcohol container in your car in Texas is a crime. PC Title 10 defines an open container as a receptacle holding alcohol that shows signs of being used. It includes when:

  • The top is opened or has been taken off the container
  • The seal for the container’s opening has been broken
  • Some of the liquid has been removed from the container

Please note that the container must not be designed to carry alcohol. Any receptacle in which the defendant put alcohol constitutes an open container.

Nevertheless, possessing an open alcohol container in your car is not sufficient to violate the law. According to PC 49.031(b), you can be convicted of this crime if you knowingly possess the open can in the passenger space of a car on a highway, irrespective of whether you have parked, stopped, or operated the vehicle. Additionally, every can in the car signifies a separate crime in one stop, and every container will lead to a citation.

Generally, the facts of this legal definition establish essential to the defense of a criminal case. Your skilled criminal defense lawyer should explain how these terms affect your case.

Open Container

It refers to a can or bottle containing an alcoholic beverage:

  • with a broken seal,
  • has been opened, or
  • has its content partially removed.

Public Highway

The entire width is between and adjacent to the boundary lines of a public road, highway, interstate, street, or a publicly-maintained road with an open part for vehicle travel.

Defining a Passenger Area

A vehicle’s passenger area is any area tailored for individuals to sit, whether the motorist or car occupants. Places that do not qualify as the passenger area include:

  • The truck
  • A locked glove compartment
  • The area behind the last row of seats if the motor vehicle does not come with a trunk

If a driver was unaware that the passengers were drinking alcohol, they could use it as their legal defense against the citation. Whether the defense is practical is another subject. Texas law dictates that it is the driver’s responsibility to ensure all passengers comply with the law. If a loved one spiked their drink with an alcoholic beverage and cops discovered it, the cop would issue a citation to the driver. In other words, the motorist will be one to attend the court hearing. If found guilty, the criminal conduct will appear on their criminal record. However, if the friend admits they drank alcohol illegally in the vehicle, they will be convicted of their offense instead of the motorist.

Exemptions to Open Alcohol Container Charges

It is not illegal for a person to have an open alcohol container in their vehicle’s passenger area if any of the following circumstances are true:

If the police found the open container in the living quarters (instead of the passenger area) of a self-contained camper, motorhome, recreational car, or motorcoach, then it is not a crime

You cannot be accused of the crime if an open container is found in a car that the driver used, maintained, or designed to transport individuals in exchange for compensation, provided you are a passenger. Common examples include buses, limousines, and taxis. However, this exemption does not apply to motorists. The driver can face the open container enhancement if arrested for driving while intoxicated and there was an open container in their car.

How Open Container Differs from Driving While Intoxicated (DWI)

An open alcohol container crime significantly differs from DWI. For instance, a driver is operating a car with a bottle of beer in their hand, makes a wrong turn, and hits road signage. In this case, the motorist will be accused of an open container violation, tickets for hitting the road signage, and DWI.

If prosecuted with both the open container offense and a first-time DWI crime, the open receptacle acts as an aggravating factor, enhancing your DWI-related penalties. However, if convicted of DWI, your minimum time in jail will be twice. You can still face open container charges if you are acquitted of the drunk driving offense.

Unlike driving while intoxicated, the law enforcement who pulls the driver over will neither arrest them nor take them to police custody for the violation. Instead, the cop will issue the defendant a ticket (written citation) and notice to show up in a court of law. The law enforcer will request the driver to sign that they will attend their court hearing. Additionally, they will issue the accused a ticket with details like:

  • The court date
  • Where and when you should appear
  • The crime

The court will issue a bench warrant for the arrest if the defendant fails to appear.

Generally, the prosecution team and courts deem open alcohol containers in a car as the aggravating factor. The existence of an alcoholic beverage in a car will be used as circumstantial evidence to establish the accused drank alcohol while operating the car.

Moreover, the police can use it to contest a motorist’s claim that they were not drunk.  Police use the open bottle criminal charges to deceive drivers into conducting roadside sobriety, blood, and breathalyzer tests and stopping them. Even in situations where the open containers are not eligible under the law, the charges make it apparent why the officers performed the tests.

Penalties and Consequences of First-Time DWI Offense With Open Container Enhancement

An open alcoholic can in your car count is charged as a Texas Class C misdemeanor. The crime carries a maximum fine of five hundred dollars. Under specific circumstances, you can expunge the conviction.

However, criminal behavior is an aggravating factor if committed alongside DWI. The penalties and consequences of a 1st drunk driving conviction with open container enhancement are almost identical to a 1st drunk driving conviction with aggravating factors penalties. While both are charged as Class B misdemeanors, the jail sentence for a first-time DWI crime with the open alcohol receptacle is six days rather than seventy-two hours.

If the police find an open can or container in a driver’s possession during the drunk driving arrest, the law enforcer can use the open can as proof to strengthen their argument that the accused was:

  • drinking alcohol while driving, or
  • drunk before driving.

The judge can choose to impose maximum penalties because of aggravating factors.

Collateral Consequences

When an individual is charged with an offense, the initial thought that comes to mind is, “Will I go to jail?” Serving time is scary; it means being away from what matters most. If you are your family’s breadwinner, that could result in financial constraints.

However, there is more to a conviction than paying fines, incarceration, and other statutory penalties. The conviction results in a criminal history with collateral consequences that can impact your life after serving time. Typical collateral consequences include:

  • Challenges in finding employment and housing
  • Challenges maintaining employment
  • Challenges in acquiring a professional license
  • Difficulties loans
  • Problems with getting accepted into educational institutions
  • Loss of voting rights
  • Losing your driving privileges

How to Fight the Criminal Charges

Some of the legal defenses to open alcohol container charges include:

Absence of Probable Cause

Even if the driver was driving while intoxicated or had an open alcoholic beverage, their charges should be dismissed if the police officer did not have probable cause. Probable cause means the reasonable belief that you were violating the law. Therefore, law enforcers can only stop you if they can identify facts proving their belief that you were committing an offense.

If you were speeding, the officers have a right to pull you over, and if they see an open alcohol container, their charges will be valid.

Unlawful Search and Seizure

The 4th Amendment to the United States Constitution protects citizens from unreasonable searches and seizures.  Any evidence gathered during the illegal seizure or search cannot be used against you in a court of law. An illegal seizure or search can even lead to case dismissal.

However, if you consent to the search of your car, it is not an illegal search and seizure, and the evidence gathered can and will be used against you.

You are entitled to refuse consent. Law enforcers are not obligated to remind you of this entitlement. If the officers search your car, avoid engaging in a physical confrontation. Instead, politely tell them, “I do not consent to the search.” Refusing the search is not an admission of guilt.

Other exemptions to police search include:

  1. The officer thinks the search is essential for their safety
  2. The law enforcer sees beer bottles

The officer cannot search your motor vehicle if the police officer pulls you over for an offense like a broken tail light or speeding. However, they can search after pulling you over and seeing an open alcohol bottle or can.

Other practical legal defenses include:

  • The law enforcer found the open can in an acceptable area of the motor vehicle
  • The receptacle was in a bus, taxi, camper, limousine, or recreational vehicle.

Expunging Your Criminal Records

The process of expunging your criminal record in Texas is known as expunction. If the criminal record is expunged, it will not be accessible to the public. That means securing housing, educational, and employment opportunities will be easier.

If you were charged with a misdemeanor, the criminal record could be eligible for expungement under the conditions below:

  • You were convicted but later pardoned
  • You were found guilty but later found innocent
  • You were acquitted of the criminal charges
  • You were formally charged by information, and your case was subsequently dismissed, and the statute of limitations has expired.
  • You were arrested but not formally charged, and you satisfied the waiting period of six months from the arrest date.

To initiate your expunction process, you should file a petition for expunction in the district court for the county in which the crime happened.

Texas Criminal Justice Process

Most people accused of a DWI in Fort Worth have no prior experience with the criminal justice process, resulting in fear, anxiety, and confusion. Here is an overview of what to anticipate and what is required to resolve the case.

Your Arrest or Notice to Appear in Court

The criminal justice process starts when the police arrest a suspect and issue them a notice to appear in court.

If you are suspected of DWI, the police will arrest you immediately. Please note that the officers can only arrest you if they have probable cause that you violated the law or a warrant. Once in custody, the law enforcers should read your Miranda rights before questioning you. Miranda warnings advise you of your rights to:

  • Remain silent since anything you say will and can be used against you in court
  • Consult a skilled DWI defense attorney and have them present during the questioning

You will also undergo a booking process where the police will take your pictures and fingerprints.

Grand Jury Proceeding

In a misdemeanor criminal case, the arresting police officer will file the charge with the district attorney (DA). If the D.A. chooses to prosecute you, they will bring “an information” (a statement indicating that you committed the offense). 

Arraignment Phase

Arraignment is the initial court appearance after the arrest. The judge will advise you of the charges against you.

Moreover, you will enter either of the pleas below:

  • Guilty plea — You admit guilt, forfeit your entitlement to trial, and your case proceeds to the sentencing phase.
  • No contest (Nolo contendere) — You neither challenge your criminal charges nor admit guilt. When you take a no contest plea, you forfeit your entitlement to trial, and your case proceeds to the sentencing phase.
  • Not guilty — You challenge your charges, and the prosecutor should prove that you committed the drunk driving crime.

Securing Bail

The law allows you to secure your release as you await trial by posting bail, provided you attend all your scheduled court hearings and comply with your release conditions. You can post a cash bail by paying the entire bail amount by money order, cashier’s check, traveler’s check, or check. If you cannot raise the full bail amount, you can seek the services of a seasoned bail bond agent.

Filing Pretrial Motions

Your DWI defense attorney can file different motions before your trial to challenge the prosecution’s evidence. Typical motions filed include:

  • Motion for discovery
  • Motion to suppress evidence
  • Motion for a pre-trial hearing

The motion filed depends on the circumstances surrounding the case.

If, for instance, the judge decides to grant a motion to suppress your evidence, then they can reduce or dismiss the criminal charges.

Trial Stage

After the case proceeds to trial and trial date schedules, you can choose either a jury trial or bench trial. A bench trial allows your defense lawyer and the prosecutor to present their arguments before a judge. On the other hand, when it comes to a jury trial, the defense and prosecution will present arguments before a jury. In both cases, the prosecutor has the burden of proving beyond reasonable doubt that you violated the law.

The jury must agree unanimously before convicting you.

Sentencing Phase

Typically, sentences are arranged after plea bargain negotiations. However, if the defense attorney and the prosecutor fail to reach an agreement, the jury or judge will determine your sentence.

After the jury or judge issues a guilty verdict, the judge will set a sentencing date where they will interview you for your pre-sentence report.

You Can File an Appeal

The jury or judge’s decision does not necessarily mean the final word to you. An appeal seeks to have your penalties and conviction reduced or overturned.

Find Skilled DWI Legal Assistance Near Me

Having an open container of alcohol while driving or being a passenger on or in a car being operated is illegal in Fort Worth, Texas. The charges carry life-changing consequences and penalties, particularly if charged alongside driving while intoxicated. If you have been charged with this crime, retaining an experienced attorney can give you the advantage you require in obtaining favorable case outcomes. At Fort Worth DWI Defense Lawyer, we can listen to your side of the story, review the case facts to identify police errors, negotiate with the prosecutor, develop legal defenses, and represent you during the trial. Please contact us at 817-470-2128 to learn how we can help you reduce your penalties or avoid the ticket altogether. We offer free case reviews to get you started.