DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINERTexas Penal Code (PC) § 49.04(c)
“DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER” stands for Driving While Intoxicated with an Open Alcohol Container, a Class B misdemeanor under Texas Penal Code (PC) § 49.04(c). It is punishable by up to 180 days in county jail and a fine up to $2,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER” mean?
“DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER” stands for Driving While Intoxicated with an Open Alcohol Container, a Class B misdemeanor under Texas PC § 49.04(c).
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).
What usually happens to a DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER charge?
19% ended without a conviction, 25% in deferred adjudication and 53% in a conviction.
How 1,902 resolved DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER charges filed 2019–2023 ended, across 12 counties (Bastrop, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Collin | 407 | 15% | 34% | 51% | 177 |
| Denton | 293 | 3% | 26% | 71% | 201 |
| Galveston | 293 | 26% | 12% | 41% | 304 |
| Brazoria | 271 | 25% | 30% | 46% | 245 |
| Hays | 242 | 10% | 25% | 65% | 394 |
| FortBend | 119 | 50% | 7% | 44% | 435 |
Outcome is the final disposition recorded on the charge. “Other” (65) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER case take to resolve?
Typically about 8 months: half of resolved cases closed within 241 days of filing.
Across 1,902 resolved DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER charges filed 2019–2023, the median time from filing to disposition was 241 days. The middle half took between 136 and 436 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER cases end?
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
What is the punishment for Driving While Intoxicated with an Open Alcohol Container in Texas?
Up to 180 days in county jail and a fine up to $2,000.
| 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.
How much is bail for DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER in Texas?
The median bail is $1,500, and 14% of defendants were released on a personal bond.
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.
Charged with DRIVING WHILE INTOXICATED/OPEN ALCH CONTAINER?
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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.