Texas Alcohol and Related Offenses That Are Not DWI

Alcohol charges beyond DWI

A night that leads to a DWI arrest can produce several other charges, and some alcohol offenses have nothing to do with driving at all. These charges are often treated as minor, but a conviction can still appear on a record and affect your future. Deandra Grant Law defends the full range of these offenses, not just DWI. This guide explains each one and links to a detailed page.

Public intoxication

Public intoxication is being intoxicated in a public place to a degree that may endanger yourself or others. It is a Class C misdemeanor, the lowest level of offense, punishable by a fine. It seems minor, but a conviction still creates a record, and it can sometimes be challenged or kept off your record entirely.

Open container

Texas makes it a separate offense to have an open container of alcohol in the passenger area of a vehicle, whether or not you were drinking. It is a Class C misdemeanor punishable by a fine, and it can also raise the minimum jail time if it is attached to a DWI. When a DWI is committed with an open container in your immediate possession, the DWI stays a Class B misdemeanor but carries a mandatory minimum of six days in jail rather than the usual 72 hours.

Minor in possession (MIP)

A minor in possession charge applies when someone under 21 possesses alcohol. It is a Class C misdemeanor, and beyond a fine it can bring community service, alcohol-awareness classes, and a driver license suspension, all of which can affect a young person’s future.

Evading arrest

Evading arrest is fleeing from an officer who is lawfully trying to detain or arrest you. It is a more serious charge that can be a misdemeanor or a felony depending on the facts, especially if a vehicle is involved, and it often gets added on top of a DWI.

Obstruction of a highway

Obstruction of a highway or passageway is a Class B misdemeanor that can apply when a person blocks a roadway or sidewalk, and it sometimes appears as a reduced charge offered in place of a DWI. Understanding how it compares to a DWI matters when weighing a plea.

Why these charges still need defense

Because these offenses are often labeled minor, people are tempted to just plead and move on. But a conviction, even a Class C, can show up on a background check and limit opportunities. The same careful defense that protects a DWI client protects clients facing these charges.

Frequently Asked Questions

Is public intoxication a crime in Texas?

Yes. It is a Class C misdemeanor punishable by a fine, and a conviction still creates a record.

Can I get an open container ticket if I was not drinking?

Yes. Having an open container in the passenger area is a separate offense regardless of who was drinking.

What happens to a minor caught with alcohol in Texas?

A minor in possession charge can bring a fine, community service, alcohol classes, and a license suspension.

Is evading arrest a felony in Texas?

It can be. Evading arrest is a misdemeanor or felony depending on the facts, and it is more serious when a vehicle is involved.

What is obstruction of a highway?

A Class B misdemeanor for blocking a roadway or passageway, sometimes offered as a reduced charge in a DWI case.

Does an open container add jail time to a DWI?

Yes. A DWI committed with an open container in your immediate possession carries a mandatory minimum of six days in jail, compared with the usual 72-hour minimum for a standard first DWI.

Charged With More Than a DWI?

Public intoxication, open container, and related charges still deserve a real defense. Get a free, confidential review with a Texas criminal defense lawyer. Deandra Grant Law serves Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117.