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DWI: Open Container Violation

Updated: Dec 13, 2022 @ 1:18 pm

Reading Time: 3 Minutes

Accused of a Crime?



Put Our DWI Lawyers On Your Side.

It May Be Possible To Get Your Case Dismissed.

If you were arrested for Driving While Intoxicated in Galveston, and you possessed an open alcoholic container, you may face additional charges or “enhancements.” If police officers find an opened alcoholic container, like a beer bottle or cup that had alcohol in it, for example, there’s a strong chance you’ll face stiffer charges than if you were just charged with DWI.

For example, a DWI First Offense is classified as a Class B Misdemeanor.

However, the presence of an open alcoholic container could result in the upgrade or “enhancement” of the criminal classification to Class A Misdemeanor, which would mean stiffer penalties if convicted for the offense.

Open Container Violations & Texas Law

Possession of an Alcoholic Beverage in a Motor Vehicle

Texas law describes an Open Container Violation as follows:

  • “Knowingly” being in possession of a container that contains any amount alcohol, and
  • “Knowingly” being in possession of an alcoholic container that was open or has a broken seal.

Special Note: Points above apply if the container is located in the passenger area of the vehicle, if the vehicle is on a public highway, and if the vehicle is stopped, parked, or in operation. See Chapter 49 of Title 10 of the Texas Penal Code for more information.

Fighting Criminal Charges in Galveston?

Take Advantage of Our Extensive Experience!

The criminal defense attorneys on our staff have extensive experience defending people with criminal charges ranging from simple first-offense DWI charges up to complex felony DWI offenses, in addition to intoxication manslaughter cases.

Our clients enjoy representation by a Galveston legal team that undergoes cutting-edge skill-enhancing training regularly. At The Law Offices of Tad Nelson & Associates, we’re dedicated to offering the best DWI defense services possible for our friends and neighbors accused of drunk driving in the Galveston County area.

Tad Nelson & Amber Spurlock are both certified instructors of the Gas Chromatography Course, ACS/CHAL Lawyer-Scientists, members of the National College of DUI Defense, and hold several other accolades and credentials.

Attorney Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of lawyers in Texas.

Why Choose Tad Nelson & Associates?

We Have A Reputation for Excellence!

Our Galveston DWI defense team has earned a reputation for putting forth the maximum effort to beat DWI charges in court. This effort has resulted in hundreds of dismissed criminal charges and not guilty verdicts. In situations where it made sense for our clients to enter a guilty plea, we’ve had tremendous success in getting their criminal charges reduced.

We Will Fight For Your Texas Driver License

DWI Charges Mean Automatic Driver License Suspension

Even when it comes to saving your Texas Driver License, you can expect The Law Offices of Tad Nelson & Associates to remain on your side.

We’ll have 15 days to request an ALR hearing to contest the suspension of your Texas Driver License. ALR is short for Administrative License Revocation, the process where the state suspends your driving privileges without a judge or jury.

If we’re retained to provide legal counsel for you, we’ll appear to represent you throughout all criminal hearings and for your ALR hearing. Our first goal is to stop the suspension of your Texas Driver License or petition the court to grant you an occupational license.

Need Help Fighting Prosecution in Galveston County?

Call Tad Nelson & Amber Spurlock at 409-904-0075!

If you have questions or need to consult with an attorney about an open container violation or other criminal charges in Galveston, feel free to reach out to our legal team.

We provide stellar legal representation, excellent client care, free consultations, affordable legal fees, and flexible options for our clients. Contact us by calling us at 409-904-0075 or send us a message using the contact form.

DWI: Open Container Violation Defense

Galveston DWI Lawyer Tad Nelson

DWI: Open Container Violation

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Our Bloggings

A few random blog posts for our blog. See our full blog here.

DWI: Open Container Violation
DWI: Open Container Violation
DWI: Open Container Violation
DWI: Open Container Violation
DWI: Open Container Violation
DWI: Open Container Violation