What happens if you get pulled over with an open container Texas?

The base penalties include a fine of up to $500. It carries no mandatory jail time. So long as you and your passengers violate no other laws, you receive a ticket and pay a fine. However, a violation of the open container law enhances the penalties of other crimes.



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That is, until they find out you weren't actually driving your car when you were charged with a DWI. In fact, you did the responsible thing and chose to sleep instead of drive. In most states, including Texas, you can be charged with a DWI for simply sleeping in your car while intoxicated.

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