An open container charge can be issued on account of any bottle, can, or other open container that contains any amount of alcoholic beverage. The container must be open, have a broken seal or have it’s contents partially removed. We have experience with open container cases and have successfully defended clients charged with open container violations and kept their records clean. Texas law defines open container violations below:
Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.
(a) In this section:
(1) “Open container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
(2) “Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or
(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(3) “Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public high
Public intoxication charges frequently occur outside of bars and restaurants, however with the proper defense attorney, the State usually has a hard time convicting people of public intoxication charges. With a Public Intoxication charge, the state must prove that you were intoxicated to the point that you were an immediate danger to others or yourself.
Under Texas Law, a person commits the offense of public intoxication if he or she appears in a public place while intoxicated to the degree that the person may be a danger to one’s self or others. (See Texas Penal Code section 49.02). Public Intoxication in Texas is punishable as a Class C Misdemeanor.
A Public Intoxication charge punishable by a fine up to $500.00 and can result in additional penalties.
The simplest way to handle your Public Intoxication charge is to pay the fine directly to the court, which will automatically enter a guilty plea and place conviction on your record. Having this charge on your criminal record can negatively affect you in future school and/or employment opportunities as well as apartment rental opportunities. We can help you avoid this.
For a flat fee of $350.00 we can handle your Public Intoxication charge in San Antonio Court. This covers all costs including your fine, court fees, and attorney fees. There are no hidden fees or additional costs. We are able to do this by negotiating the terms of payment with the court. In most cases we can keep the charge from appearing as a permanent conviction on your record. This is usually accomplished by dismissal or deferred adjudication. With a deferred adjudication, there will not be a final conviction on your record as long as you comply with the terms and conditions of the court. If you have been charged with multiple offenses, your options may differ.
A trip to the courthouse can often exceed three hours with delays in obtaining paperwork, meeting with a prosecutor or judge, and then paying the fine. Instead of taking time off from work, school or your busy schedule, let us take care of your Public Intoxication charge for you.
Attorney Ronald Ramos is experienced in fighting public intoxication charges for his clients, and will do everything necessary to help you avoid court and protect your record.