The short answer to this question is no. Drivers in Texas cannot be arrested merely for committing an open container violation. If, however, a person were accused of an open container violation, as well as a DWI, he or she could face arrest. In either case, an open container violation shouldn’t be taken lightly, so […]
In Texas, there are severe criminal and civil consequences for motorists who are convicted of driving while intoxicated (DWI). Drivers who have a child passenger under the age of 15 years old in the vehicle at the time of the arrest, however, face even more serious penalties, especially if they are also involved in a […]
Texas is well-known for having some of the strictest laws in the nation when it comes to driving while under the influence. For instance, those who have an open container of alcohol in their vehicle, even if they haven’t been drinking, could face misdemeanor charges. This is true even if nothing has been consumed from […]
Not all of those who are involved in DWI accidents are fortunate enough to avoid causing or suffering some sort of physical injury. In fact, it is not uncommon in these types of cases, for the person accused of driving while under the influence to also be charged with intoxication assault, or even manslaughter. Those […]
Having an open container of alcohol in one’s vehicle won’t significantly affect the severity of the penalties that a person faces if convicted of driving while intoxicated. Being in possession of an open container can, however, hurt someone’s DWI case in other ways, so if you were recently arrested for driving under the influence in […]
Causing an accident while intoxicated comes with serious penalties in Texas. This is true even in minor accidents when no one was hurt, as drivers face charges not only for driving under the influence, but also for recklessly damaging or destroying someone else’s property. When combined, these charges can have significant repercussions, so if you […]
Motorists in Texas are prohibited from possessing an open container of alcohol, not only while driving but also while parked or stopped, as long as the vehicle is located on a public road. Although many people don’t realize it, this prohibition applies to anyone who is sitting in a passenger area, even if they never […]
Most first time DWI offenses are charged as misdemeanors, which means that defendants are often able to avoid jail time. This is not, however, always the case for first time DWI offenders who also are also accused of causing an accident. In fact, being involved in an accident while intoxicated usually means that a person […]
There is still some confusion regarding the scope of Texas open container laws. Some people believe that it is illegal to have an open container of alcohol in any public place, such as a local park or while walking down the street. In reality, this will depend on where you live. As far as Texas […]
A DWI accident will always draw the attention of law enforcement. If an innocent person is killed in the accident, the drunk driver can be charged with intoxication manslaughter, a second-degree felony in Texas. As with any DWI case, the prosecution must prove the defendant was intoxicated at the time of the accident, which is […]