Interesting Principles You Should Know if Charged with an Open Container Violation
We have all heard about people arrested for drunk driving most of us don’t understand what open container violation is. We may have heard it being mentioned in passing but are not aware of its details in full. If you find yourself in violation of this law, you should have some general information about it. For those living in Texas, here are some principles you should know about the Texas open container law.
- Definition of the open container law
- Definition of the open container law means driving with any container which had or still has an alcohol beverage in on you or near you. For the charges to fly, the bottle opened or tampered with. Hence some of the contents of the container in question are removed. It is not the same as driving under the influence, but it can rack up some pretty severe charges when accompanied with other expenses.
- Odor doesn’t count
If you are flagged down by a police officer for one reason or another, and they notice the container, don’t be afraid. In most states, the smell of the alcoholic beverage that was previously in the can is not enough to get you arrested. They might suspect you, but they cannot charge you without any proof. So if the drink in question was not yours, fear not. You are not likely to be charged for anything. Odor doesn’t count of course only if you pass the breathalyzer tests to prove sobriety.
- DUI adds charges
If an officer suspects you, the next logical step would be for them to administer a breathalyzer test to investigate how sober you are. If you are found to be drunk, then it is not your lucky day. You tend to rack up more charges. Hence, your fines might be worse because not only have you been caught with the proof(an open container) but you are also in an actual state of being drunk. Therefore, in the event, the bottles were not yours, and you are driving sober, you might be safe. However, if they belong to you and you are also drunk, be prepared to face numerous charges.
- Location of vehicle
There are some places where if caught, it doesn’t matter as the charges won’t hold. These include private roads and parking lots. Therefore, if you choose to experiment in the comfort of your estate or a parking field, you are safe. Public roads accounted because you tend to put other motorists and even pedestrians at risk. If you are drinking while driving, your judgment is impaired and this can lead to serious accidents.
- Location of container
In some states, if the said container is found in the trunk, you will be safe. However, you will be charged and prosecuted if your breathalyzer test results do not favor you. In the event you are transporting liquor, do so either in the trunk or unopened in the backseat of your car. Better safe than sorry.
Thank you,
Glenda, Charlie, and David Cates
