Having an open container in a motor vehicle in the State of Texas is considered a class B misdemeanor. The case is separate from a standard DWI conviction and incurs its own penalties. The state takes open container offenses very seriously and the resulting penalties are enough to throw an individual’s life into disarray for an extended period of time.
Without the proper legal counsel the defendant may have to face the most severe penalties, which are as follows:
- Minimum of 6 days in jail
- Fine up to $2,000
- Annual fee for up to 3 years to keep your license
- Alcohol School
The penalties are always served dependent on the final decision of the court. If the defendant has a severe criminal history or previous alcohol related charges the state may decide to incur more severe penalties.