Driving while intoxicated (DWI) is a serious criminal offense under any circumstances. However, certain factors can lead to steeper penalties when you are convicted of drunk driving. One of those factors is having an open container of alcohol while you are behind the wheel of your vehicle.

The key factor in this DWI enhancement is the possession of an open container of alcohol. Under Texas Penal Code 49.04, it is against the law to drive while intoxicated, but having an open container in your possession can lead to steeper penalties.

An open container is defined as a container that has been opened (unsealed or the cap has been removed), or has a broken seal, and contacts any amount of alcoholic beverage that has been removed or consumed from the container. Examples include open bottles of cans of beer, wine or spirits as well as any container that was previously sealed but is now unsealed and contains alcohol.

Note: You could be found guilty on this charge even if there is no evidence you drank from this container while driving.

At its core, this is still a DWI charge. For first-time offenders, the same penalties for a conviction are in place—with one important exception. Instead of facing a minimum jail term of three days, that time period is extended to six.

Proving Intoxication

For the State to secure a conviction of DWI with an open container enhancement, it will need to prove beyond a reasonable doubt that you were intoxicated while driving on a public street.

The state can prove intoxication in different ways. Usually, prosecutors rely on the results from blood, breath, or urine tests to make their case. If your blood alcohol concentration (BAC) is at or above .08, you could be found intoxicated under the law.

The State is not without options in cases where there are no BAC test results to rely on, but prosecutors will face greater challenges securing a conviction. To show intoxication without a chemical test, they will need to establish that you were driving with drugs or alcohol in your system and that impacted your ability to operate the vehicle normally.

Talk to Barton & Associates, Attorneys At Law, PLLC, Today

If you have been arrested for DWI with the presence of an open container, you have the right to mount a defense. You could challenge the underlying DWI charge, argue that you were not in possession of an open container, or potentially do both.

The attorneys of Barton & Associates, Attorneys At Law, PLLC, are here to help. We know how important your case is, and we are not afraid of putting in the work needed to get you a fair outcome. Call today to learn more.