Passengers can’t drink alcohol in a car in Texas. If police find that a passenger in your vehicle is drinking alcohol, you and the passenger could receive an open container violation. If you were also drinking, you could face a serious drunk driving charge that has the potential of negatively impacting your career and future.
If you’ve been charged with an open container or impaired driving-related offense, you’re probably worried about the consequences you could face if convicted. Fortunately, a Dallas DWI lawyer can represent you in court and provide the guidance you need to avoid life-altering consequences.
The Law That Prevents Passengers From Drinking Alcohol in a Car
In the United States, there is a federal law that’s known as the Transportation Equity Act for the 21st Century (TEA-21). Among other things, this law deals with the country’s transportation infrastructure and includes laws regarding drivers and passengers drinking alcohol in cars.
According to TEA-21, passengers may not consume alcohol in a moving vehicle. Texas follows the standard set forth by the federal government, and the state’s statute includes that a vehicle does not have to be moving for an open container violation to be issued to a passenger or driver.
Consequences You Could Face for Drinking Alcohol in a Car
It’s important to note that an open container violation is considered a Class C misdemeanor. This type of misdemeanor is punishable by a fine of up to $500. While a one-time fee of $500 might not seem like the end of the world, you should know that this isn’t the only outcome you might experience after receiving an open container violation.
In fact, the impacts of this type of violation can be far-reaching and may even affect your future. A misdemeanor like this can remain on your permanent record and cause difficulties with future employment, college admission, financial aid for students, and even applying for a professional license in the state of Texas.
If you’ve been issued a violation for drinking alcohol in your car, whether you were a passenger or driver, it’s in your best interest to hire an attorney. A lawyer can advocate on your behalf and work hard to stop this mistake from hurting your future. They’ll also answer any questions you have about whether a passenger can drink in a car in Texas.
Drivers With Open Containers Can Be Charged With a DWI
While getting caught drinking alcohol in a car as a passenger can have unwanted outcomes, getting caught as a driver can be even worse. If law enforcement pulls you over, finds an open container in your vehicle, and determines that you’ve been drinking while driving, it’s likely you’ll be charged with a DWI and have to spend the night in jail.
Depending on your criminal history and whether or not you’ve been convicted of impaired driving in the past, a DWI conviction could cost you between $2,000 and $10,000 in fines. This is a much higher financial penalty than that associated with drinking alcohol in a car as a passenger.
In addition to fines, you could also face prison time and loss of your driver’s license. Similar to an open container violation, a DWI can also impact your employment and other aspects of your future. If you’ve been charged with this offense, you’ll want to take it seriously and hire an experienced attorney.
How a Dallas DWI Lawyer Can Help You
Whether you’ve been issued an open container violation or have been arrested for drunk driving, there’s a lot that an attorney can do to protect you from negative consequences. Here’s what a skilled representative can do to help you avoid the penalties associated with a serious conviction:
- Investigate your case thoroughly
- Gather police reports, blood alcohol level (BAC) test information, witness testimonies, and other forms of evidence
- Represent you at pre-trial hearings
- Construct a strong defense strategy on your behalf
- Defend you in court
- Advise you on Texas law
- Advise you on whether passengers can drink alcohol in a car in Texas
In addition to taking the steps listed above, an attorney may also negotiate with prosecutors to obtain a plea deal. When you agree to a plea deal, you agree to plead guilty to a lesser charge instead of the drunk driving offense you were initially charged with. This can greatly reduce the penalties you face and soften the blow that this conviction has on your future.
An attorney can advise you on whether taking a plea deal or fighting to get your charges dropped entirely is the best choice for you. Schedule a free consultation with a lawyer today to find out more about your best course of legal action and whether passengers can drink alcohol in a car.
Schedule a Free Consultation With a Skilled DWI Attorney
At the Law Offices of Randall B. Isenberg, we understand how nerve-wracking it can be to be charged with an open container or drunk driving-related offense. That’s why our team is here to represent you and protect you from a damaging conviction. We value your reputation and are eager to use our 30+ years of experience to make your defense as strong as possible.
Contact our firm today to schedule a free consultation with a DWI lawyer and learn more about your legal options. We’ll meet with you to discuss your case and explain further whether passengers can drink alcohol in a car. We look forward to hearing from you soon.
