DWI With Open Container in Corpus Christi: Enhanced Penalties for a Common Charge
An open container in your vehicle can turn a standard DWI into a more serious offense with enhanced penalties. In Corpus Christi and throughout the Coastal Bend, a DWI with an open container is a Class B misdemeanor—but with a mandatory minimum jail sentence of six days. Unlike a standard first DWI, which may allow for probation without jail time, a DWI with an open container carries a mandatory jail sentence. A simple mistake—leaving an open beer can in the back seat, a half-empty bottle in the center console, or a passenger with an open container—can result in guaranteed jail time. When you are facing enhanced penalties, you need a defense attorney who understands the nuances of open container law and will fight to protect your rights.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with DWI with an open container. Whether you were stopped on South Padre Island Drive, pulled over on Staples Street, or involved in an accident on the Crosstown Expressway, we provide the aggressive, knowledgeable representation you need to protect your rights and minimize the consequences. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.
Understanding Open Container Law in Texas
Under Texas law, it is illegal to possess an open container of alcohol in a motor vehicle. An open container is defined as any bottle, can, or other receptacle that contains any amount of alcohol and is open, has a broken seal, or has had its contents partially removed.
What Is an Open Container?
An open container includes:
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Any bottle, can, or other receptacle that is open or has a broken seal
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Any container that has had its contents partially removed
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Any container that is not sealed or capped
This includes:
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Beer cans and bottles
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Wine bottles
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Liquor bottles
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Mixed drinks in cups
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Any container that previously contained alcohol and is no longer sealed
Where Is an Open Container Prohibited?
The open container law applies to the passenger area of a motor vehicle, including:
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The driver’s seat
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The passenger seats
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The floorboards
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The center console
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The back seat
Open containers are generally permitted in the trunk, behind the last upright seat in a SUV or truck, or in a locked glove compartment.
DWI With Open Container Penalties
A DWI with an open container carries enhanced penalties compared to a standard DWI:
Standard DWI (First Offense)
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Class B misdemeanor
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3 to 180 days in jail
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Fine up to $2,000
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No mandatory minimum jail sentence
DWI With Open Container (First Offense)
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Class B misdemeanor
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3 to 180 days in jail
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Mandatory minimum of 6 days in jail
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Fine up to $2,000
This mandatory minimum means that even with probation, you must serve at least 6 days in jail.
Second DWI With Open Container
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Class A misdemeanor
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30 days to 1 year in jail
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Mandatory minimum of 30 days in jail
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Fine up to $4,000
Third DWI With Open Container
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Third-degree felony
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2 to 10 years in prison
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Mandatory minimum prison time
How DWI With Open Container Charges Arise in Corpus Christi
DWI with open container charges in Corpus Christi typically arise from:
Traffic Stops
A routine traffic stop on South Padre Island Drive, Staples Street, or the Crosstown Expressway leads to a DWI investigation. The officer sees an open container in the vehicle, which provides probable cause for arrest and enhances the charge.
Checkpoints
DWI checkpoints throughout Corpus Christi often result in open container discoveries. Even if you are not intoxicated, an open container alone can result in a citation.
Accidents
If you are involved in an accident, police will investigate. Discovery of an open container can lead to enhanced DWI charges.
Passengers with Open Containers
An open container in the possession of a passenger can still result in a DWI with open container charge for the driver. The driver is responsible for the contents of the vehicle.
Defending Against DWI With Open Container
A strong defense can mean the difference between a mandatory jail sentence and a lesser penalty. Common defense strategies include:
Challenging the Traffic Stop
The officer must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence from the stop may be suppressed, including the open container.
Challenging the Open Container
Your attorney may challenge whether the container actually qualifies as an “open container” under the law. Defenses include:
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The container was sealed
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The container was in the trunk or locked glove compartment
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The container was empty
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The container was not accessible to the driver
Challenging the DWI Evidence
Your attorney may challenge the underlying DWI evidence:
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Whether field sobriety tests were administered properly
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Whether the breathalyzer was properly calibrated
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Whether the blood test was properly handled
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Whether there was probable cause to arrest
Challenging Knowledge or Possession
The state must prove that you knew the open container was in the vehicle. Defenses include:
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You did not know the container was present
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The container belonged to a passenger and you did not know about it
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The container was not within your control
Passenger Responsibility
If the open container belonged to a passenger, your attorney may argue that you should not be held responsible for a passenger’s actions.
The Mandatory Minimum Jail Sentence
One of the most significant consequences of a DWI with open container is the mandatory minimum jail sentence:
First Offense
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Mandatory minimum of 6 days in jail
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Cannot be probated or suspended
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Must be served in county jail
Second Offense
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Mandatory minimum of 30 days in jail
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Cannot be probated or suspended
Third Offense
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Mandatory minimum prison time (no probation)
This mandatory minimum means that even if you are eligible for probation, you must serve at least 6 days in jail before you can be released on probation.
Open Container and the ALR Hearing
When you are arrested for DWI with an open container, the officer will take your driver’s license and issue a notice of suspension. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing.
The open container itself does not affect the ALR hearing, but the underlying DWI does. Winning the ALR hearing can prevent your license from being suspended, even if the criminal case is still pending.
Frequently Asked Questions About DWI With Open Container
What is considered an open container in Texas?
An open container is any bottle, can, or other receptacle that contains any amount of alcohol and is open, has a broken seal, or has had its contents partially removed.
Is it illegal to have an open container in your car in Texas?
Yes. It is illegal to possess an open container of alcohol in the passenger area of a motor vehicle. Open containers are permitted in the trunk or behind the last upright seat.
What is the penalty for DWI with an open container?
A first DWI with an open container is a Class B misdemeanor with a mandatory minimum of 6 days in jail. A standard DWI has no mandatory minimum.
Can I get probation for DWI with open container?
Yes, but you must serve the mandatory minimum jail sentence first. For a first offense, you must serve at least 6 days in jail before you can be placed on probation.
What if the open container belonged to a passenger?
The driver is responsible for open containers in the vehicle, regardless of who they belong to. The driver can be charged with DWI with open container even if the container belongs to a passenger.
Can I get the open container charge dismissed?
If your attorney can challenge the legality of the stop or prove that the container was not actually an open container, the charge may be dismissed or reduced.
Does an open container affect my driver’s license?
The open container itself does not affect your license, but the underlying DWI does. Your license may be suspended through the ALR process.
What is the ALR hearing deadline?
You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing results in automatic license suspension.
Can I get an occupational license after a DWI with open container?
Yes. If your license is suspended, you may be eligible for an occupational license to drive for essential purposes such as work, school, and medical appointments.
Do I need an attorney for a DWI with open container?
Yes. A DWI with open container carries a mandatory minimum jail sentence that a standard DWI does not. An experienced DWI defense attorney can help you understand your rights, challenge the evidence, and minimize the consequences.
Why Barton & Associates Is the Right Choice for Your Defense
A DWI with an open container carries a mandatory minimum jail sentence that a standard DWI does not. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against DWI with open container charges in the Nueces County criminal courts.
Our attorneys understand the nuances of open container law, the strategies for challenging the traffic stop and the open container itself, and the importance of minimizing the mandatory jail sentence. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.
We also understand that a DWI with open container can be overwhelming. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their license, and their future.
Protect Your License and Your Future Today
If you are charged with DWI with an open container in Corpus Christi, you face a mandatory minimum jail sentence that a standard DWI does not. Do not wait. The decisions you make now will determine whether you serve jail time and how long your license is suspended.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you defend against DWI with open container charges and protect your future.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780
