Texas is known to have stringent Driving While Intoxicated (DWI) laws, and some of them are fraught with weird twists and interpretations that can land unwitting individuals in a whole lot of legal trouble. From the rule governing open containers to the ambiguous definition of “operating” a vehicle, these weird provisions can land you behind bars when you think you’re doing the right thing.
In this blog entry, we will talk about several lesser-known provisions of Texas DWI law and how it is crucial that any driver in the state be familiar with them.
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You Can Be Cited for an Open Container Even If You Are Sober
Most Texans believe that open container laws don’t involve them, either that they only apply to passengers or that it is not a problem if people are having alcohol in the car as long as the driver is not consuming it. Not so. In Texas, if there’s an open container of an alcoholic beverage on the passenger side of a car, the driver may be ticketed even if he didn’t consume one.
This means that if your friend opens a beer while you are driving him in your car, the driver can be found liable. The only exceptions are when driving in certain types of vehicles such as motorhomes, party buses, or limousines, where drinking openly is permitted on specific terms. Otherwise, a half-opened can in the back seat may prove enough for a violation.
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You Do Not Need to be Driving to Be Arrested for a DWI
One of the lesser-known provisions of Texas DWI statutes is what constitutes “operating” a vehicle. In Texas, you can be arrested and convicted of a DWI even if your vehicle isn’t moving. If you are occupying the driver’s seat with the engine on, or even if the keys are in your pocket, police can claim that you were “operating” while under the influence.
This interpretation has led to arrests for those who were only trying to sober up in their parked cars. Individuals even leave the engine running for air conditioning or heat, and then find they are being arrested for DWI. The amount of discretion given to the officers is gigantic, and too many are taught to err toward arrest in order to remove someone from the highway.
In most of these cases, individuals are not necessarily doing anything illegal, but they get arrested and prosecuted based on how the officer sees that they have reacted.
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Public Intoxication Is a Risk Even When You Stop Driving
It may sound like the prudent thing to do to pull over and stop driving if you’re certain you are intoxicated, but in Texas, that can also land you in hot water. If you’re drunk in public and an officer believes you pose a danger to yourself or others, you can be charged with being intoxicated in public.
That is the case even if you are riding in a parked automobile or alongside a road. “Public places” are quite broadly defined by Texas law to include not merely open private property but also public property that is open to the general public. That is open property like apartment complexes, parking lots, and gas stations. An apparently sensible and cautious decision can still have legal ramifications based on what the officer sees in the circumstances.
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Legal Interpretation Isn’t Always Clear or Fair
One of the biggest issues with these strange forms of Texas DWI law is that they rely so heavily on a matter of opinion. Police officers are given wide latitude in determining whether to arrest a person for DWI or public intoxication. A DWI arrest is not necessarily evidence of a crime, but evidence that one will have to fight in the court system to defend oneself.
This is why it is important to hire a seasoned DWI defense lawyer. A skilled lawyer knows the ins and outs of these laws and can dispute the assumptions of arresting officers. They can also spot weaknesses in the evidence, make arguments for dismissals or reductions of charges, and assist in defending your rights throughout the proceeding.
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The Price of a DWI or Public Intoxication Charge
The consequences of a DWI in Texas can be severe. A first DWI carries fines up to $2,000, up to 180 days in jail, and license suspension for a year. Add court costs, probation costs, and potential ignition interlock requirements, and the price skyrockets.
Public intoxication, as usually a Class C misdemeanor, nevertheless represents a criminal record and punishment. For most people, these infractions can affect employment opportunities, applications for rentals, and custody cases involving children.
When you couple this with how easy it is to become ensnared in one of these legal traps under the current laws, the necessity for education and proper legal representation is all the more clear.
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Protecting Yourself Under Texas Law
If you do end up drinking and are out in public or even behind the wheel, the best thing to do is to be prepared. Use a rideshare, call a cab, or have someone who hasn’t been drinking take you home. Don’t just sit in your car after you’ve been drinking, even if you’re not driving. If you must sit in your car, make sure the keys are removed from the ignition and the vehicle is not running.
For motorists, make it a rule not to have open drinks with alcohol in your vehicle. Even if you do not drink, you can still be impacted by someone else’s actions if police decide to write you a citation or arrest you.
Under any circumstances, if you actually are arrested or cited on one of these out-of-the-box applications of the law, call a good criminal defense attorney right away.
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At GCH Lawyers, we help clients in Conroe and The Woodlands, fight DWI charges and counsel our clients with the best result possible as the ultimate goal. The outcome of any DWI case is important, no matter how obscure or bizarre the law or circumstances. Our experienced attorneys are here to help you build a solid foundation for what’s next.
📞 Call today to schedule a confidential consultation and gain the informed guidance you need to move forward with confidence and strength.
