Austin Open Container Citation Lawyer

Former Prosecutors & Judges Defending Austin Open Container Citations

Texas Penal Code makes it a Class C misdemeanor to knowingly possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. A conviction carries a fine of up to $500 and no jail time on its own. That fine-only classification leads many people to pay the citation and move on without realizing what they’ve put on their permanent record, or how the charge can complicate a companion DWI arrest.

At Cofer & Connelly, PLLC, our criminal defense attorneys are former felony prosecutors and judges who have been appointed to offices by Presidents, Governors, and Mayors. We bring that inside perspective to every case, including citations most people assume don’t need a lawyer.

How an Open Container Citation Can Escalate a DWI Charge

An open container citation isn’t always a standalone matter. When someone is arrested for DWI and has an open container of alcohol in their immediate possession at the time, Texas law increases the mandatory minimum jail sentence. A standard first-offense DWI carries a 72-hour mandatory minimum. With an open container present, that minimum jumps to six days. That’s a meaningful difference, and it means the citation the officer handed you at the scene can directly affect sentencing on the more serious charge.

Beyond a DWI arrest, a Class C misdemeanor conviction for open container becomes part of your permanent criminal record. It can appear on background checks even though it carries no jail time. For someone on probation for a related offense, the citation can also create additional complications worth addressing before they develop.

Defense Strategies for Open Container Citations

Paying a fine without review means accepting a conviction. Before doing that, it’s worth knowing what defenses may apply to your situation. We build each defense strategy around the specific facts of the stop and citation. Common angles we evaluate include:

• Legality of the traffic stop or search: If the officer lacked reasonable suspicion to stop the vehicle or probable cause to search it, evidence obtained as a result may be challengeable.
• Location of the container: The statute only applies to alcohol found in the legally defined passenger area. A container in the trunk, a locked glove compartment, or another exempted location doesn’t satisfy the elements of the offense.
• Proof that the liquid was alcoholic: The prosecution must establish that the container held an alcoholic beverage, not merely that it was open and smelled like one.
• Procedural issues with the citation: Under Texas Penal Code Section 49.031(e), officers typically issue a written citation rather than making a physical arrest. Technical deficiencies in that process can affect how a case proceeds.

We tailor our approach to what the facts actually support, not to a standard checklist.