DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER
Driving While INTOXICATED/OPEN Alch Container in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER” means
Texas Penal Code § 49.04 defines driving while intoxicated: operating a motor vehicle in a public place while intoxicated. "Intoxicated," defined in Texas Penal Code § 49.01, means either not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of substances, or having an alcohol concentration of 0.08 or more. This charge is the open-container variant under § 49.04(c), which applies when it is shown at trial that the driver had an open container of alcohol in the driver's immediate possession at the time of the offense. Under Texas Penal Code § 49.11, proof of a culpable mental state is not required for intoxication offenses; the open container in immediate possession is what distinguishes this filing from a standard first-offense charge under § 49.04(b).
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class B misdemeanor | Up to 180 days in county jail | Fine up to $2,000 | Penal Code § 12.22 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER in Texas
Across 24,443 Texas bail settings for this charge (78 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $1,500 (middle half: $1,000 – $3,000). 14% of defendants were released on a personal bond, and bail was denied in 215 cases. When this was the only charge at booking (14,561 records), the median was $1,500 and 17% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 2,914 | $750 | $500 – $1,500 | 35% | 1% |
| Dallas | 2,853 | $1,000 | $500 – $2,000 | 6% | 1% |
| Denton | 2,302 | $2,500 | $1,500 – $2,500 | 1% | 0% |
| Bexar | 1,535 | $1,500 | $1,000 – $2,000 | 17% | 1% |
| Collin | 1,361 | $1,500 | $1,000 – $2,500 | 28% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER?
Find Texas criminal defense attorneys with verified case histories in your county.
Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.