An open container charge on its own is minor. Paired with a DWI, it’s a different story, since it can add real jail time to a case that might otherwise have qualified for the shortest possible sentence.
What Counts as an Open Container
- Any opened alcohol container in the passenger area of a vehicle on a public highway, whether the car is moving, stopped, or parked.
- Applies to drivers and passengers alike. It doesn’t matter who was actually drinking.
- Exceptions exist for buses, taxis, limousines, and the living quarters of a motorhome or RV.
How Texas Punishes It
- Standalone charge: Class C misdemeanor, fine only, up to $500. No jail, no probation.
- Paired with a DWI: The minimum jail term for the DWI itself doubles, from 72 hours to six days.
Why It’s Worth Fighting Anyway
On its own, this charge rarely justifies a fight. Attached to a DWI, it’s worth a close look at whether the container actually met the statutory definition of open, whose vehicle it was found in, and whether it was genuinely in the passenger area rather than the trunk or another excluded space.
Charged With Open Container? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000, especially if this is attached to a DWI charge.