Open Container Ban Starts Labor Day Weekend

Labor Day drivers will face stepped up law enforcement activity--and a long-awaited open container law to combat drinking and driving.

The new open container law goes into effect September 1, just as DPS and other law enforcement increase patrols for the Labor Day weekend. A tougher, expanded Administrative License Revocation (ALR) law also goes into effect the same day.

"Alcohol and cars don't mix, period," said DPS Director Col. Thomas Davis Jr. "The Legislature has given law enforcement a much-needed open container law to help us drive that point home."

As part of Operation CARE (Combined Accident Reduction Effort)--a nationwide effort by all state police agencies to reduce fatalities during holiday periods--all available troopers will actively search for drunk drivers, speeders and seat belt violators Labor Day weekend. The increased patrols will take place from 6 p.m. Friday, August 31 through midnight Monday, September 3.

House Bill 5 makes it a Class C misdemeanor to possess an open container in the passenger compartment of a vehicle. It also strengthens the punishment for repeat DWI offenses. A second DWI conviction within five years now requires a mandatory one-year suspension of the offender's driver license. Upon reinstatement, they must have an ignition interlock device installed on their vehicle for an additional year. During the suspension, the offender is not even eligible for an occupational license to drive to work.

DPS has observed that in the majority of alcohol-related crashes that an open container is present. The law also reinforces that it is illegal to drink while driving.

"These new laws are just the most recent indication that the people of Texas are fed up with the death and destruction drunk drivers cause," said Davis. "The bottom line is that responsible citizens don't drive drunk."

House Bill 63, which also takes effect September 1, requires law enforcement officers to confiscate the driver license of anyone charged with DWI--and increases suspensions outlined in the ALR laws. For example, if a driver refuses a breath test they now face a driver license suspension of six months--double the prior law. The updated statute applies ALR punishments to boating while intoxicated if the suspect refuses a breath test. In that circumstance, boaters also face confiscation of their driver license and possible license suspensions.

TOP OF THE PAGE

Find a Drunk Driving Lawyer