- Classification: Class B Misdemeanor — same classification, but minimum jail doubles
- Jail exposure: 6-day mandatory minimum (not 72 hours) — up to 180 days county jail
- Maximum fine: $2,000 maximum
- License: Same ALR rules — 15-day deadline applies at arrest
- Open container in driver’s possession or immediate reach at time of arrest
How an Open Container Changes Your Minimum Sentence
A standard first DWI in Texas carries a 72-hour mandatory minimum upon conviction. If an open container of alcohol was in the vehicle within the driver’s possession or immediate reach at the time of arrest, the mandatory minimum triples to six days in county jail — while the charge classification, the maximum sentence, and the fine ceiling remain identical to a standard DWI.
The open container does not upgrade the charge from Class B to Class A. It does not add an additional count. What it does is change the floor of the sentence if convicted. Six days versus three days — the difference may seem minor, but it affects plea negotiation positioning significantly.
What Counts as an ‘Open Container’
- Any container of alcoholic beverage that has been opened, has a broken seal, or has had the contents partially removed
- Must be in the passenger area of the vehicle — trunk or locked glove box does not qualify
- Must be within the driver’s immediate possession or reach — passenger seat, center console, floorboard within reach
Defense Considerations
The open container enhancement requires the State to prove the container was within the driver’s possession or reach. Defense attorneys examine the exact location of the container, whether it was sealed or unsealed, and the officer’s documentation. In some cases, the enhancement can be challenged even when a container was present in the vehicle. Combined with the standard DWI defenses targeting the stop and the test, a case with an open container allegation still has meaningful defense angles.