Texas has some of the toughest Driving While Intoxicated (DWI) laws in the nation, but they also have some unusual and lesser-known aspects that may catch you off guard. Here’s a deeper look at a few strange quirks and gray areas in the laws and how they could impact you.
1. You Can Legally Have an Open Alcohol Container—But Only as a Passenger in certain vehicles
Under Texas law, it’s illegal for anyone in the passenger area of a car to have an open container of alcohol while the vehicle is on a public roadway. However, there are exceptions for specific situations. If you’re riding in a limousine, party bus, or motorhome, having and consuming an open container of alcohol is entirely legal.
Many people think that as long as the driver does not have an open container, the only person that can get the violation is the passenger. This is FALSE. A driver of a vehicle can be cited for an open container violation if ANY of the passengers have an open container in the passenger compartment, even if the driver is completely SOBER. SO next time people ask if they can have a roadie for the drive, you may want to think about your answer.
This creates an odd scenario: passengers in certain vehicles can drink openly without legal consequences, while drivers can face severe penalties if they’ve consumed even a small amount of alcohol. It’s a reminder of the fine line between legality and a potential DWI charge, especially if you’re the one behind the wheel.
2. You Could Be Charged with a DWI Without Driving
In Texas, you don’t need to be driving a car to face DWI charges. The law states that you can be charged if you are “operating a motor vehicle while intoxicated.” But what exactly does “operating” mean?
Texas courts have interpreted “operating” broadly. For instance, if you’re sitting in the driver’s seat with the engine running—even if the car isn’t moving—you could be charged with a DWI. In some cases, individuals who simply had the keys in their hand while sitting in the car have been prosecuted.
This interpretation means that trying to “sleep it off” in your car could backfire if an officer determines you were in control of the vehicle.
In many of these situations, Officer’s base their arrest decision purely on whether the officer “thinks” you are operating the car, and this day in age, officers are getting trained more and more to make the arrest and get you off the road, regardless if you were actually operating the car in front of them.
As with any arrest for an alleged violation of the law, defenses can exist and in many cases the officers are just flat out wrong on the law. Our attorney’s at the Law Office of Shawn C. Brown have successfully defended many clients who were so called “operating” a motor vehicle when they were parked or asleep legally in their vehicles. Not Guilty Verdicts and Dismissals have been successfully obtained for our clients in those cases. In many instances the client was just doing the right thing.
3. Public Intoxication Can Be a Risk Even When Avoiding a DWI
Imagine this: you make the smart choice to pull over and stop driving because you’ve had too much to drink. While this may seem responsible, you could still face a public intoxication charge if you’re in a public place, such as the side of the road or a parking lot, and an officer believes you’re a danger to yourself or others.
Texas law defines public places broadly, so even sitting in a parked car on private property that’s open to the public could put you at risk. This overlap between public intoxication and DWI laws creates a tricky situation for anyone trying to make the right choice and again leaves it to the officer’s own interpretation of the law in determining whether to arrest or cite you for a crime.
Why Understanding These Laws Matters
Texas DWI laws are designed to keep roads safe, but their broad and subjective
interpretations by law enforcement and prosecuting agencies can lead to unexpected legal trouble. That’s why hiring an attorney that knows the law, defenses to the law, and what actually constitutes a violation of that law is imperative to your case. Just because an officer or law enforcement agency decides that you are violating one of these laws, does not mean that you actually committed a crime.
If you find yourself facing charges related to a DWI, public intoxication, or any related offense, it’s critical to seek the guidance of an experienced criminal defense attorney. They can help you navigate these unusual aspects of Texas law and work to protect your rights.
Have Questions? Contact the Experts
If you’ve been charged with a DWI or related offense, the Law Office of Shawn C. Brown P.C. is here to help. With over 25 years of experience and a track record of award-winning service, our team is ready to fight for you. Contact us today to learn more about your rights and options.
Call us now or visit us online: shawnbrownlaw.com
