What is the difference between a DWI and an open container? Is one a felony and the other not?

DWI means "driving while intoxicated". Intoxicated means not having the normal use of your mental and physical faculties because of the introduction of alcohol or drugs into your body; or having a BAC of .08 or greater. A first offense DWI is a class B, punishable by up to 6 months in jail and/or a $2000 fine. An open container is a fine only (no jail and can't be arrested for) ticket for riding in a vehicle with an open alcohol container. Anyone in the vehicle can receive a citation for Open Container. If you receive a DWI with an open container, it doesn't enhance the DWI charge, only the minimum days in jail you receive.

DWI is driving while intoxicated, a class B misdemeanor for the first and second charges. It becomes a felony on the 3rd time around OR if you have a child in the vehicle. Open container is a Class C offense and will enhance a DWI charge. Neither are alone a felony.

If you've been arrested or charged, you need an attorney to protect you.

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

The open container enhancement is added when their is an open container of alcohol in the vehicle driven by a DWI driver. Since the DWI might be a misdemeanor or felony, the nature of the DWI - not the open container enhancement - determines whether the offense is a felony or not. In addition to the 3rd or more DWI convictions mentioned above, a felony can be charged if a child is in the car or someone is injured.

DWI is driving while intoxicated. The first and second offenses are misdemeanors. The third and subsequent offenses are felonies.

The "open container" paragraph is an enhancement - if probation is assessed and the open container paragraph found to be true, then there is 3 days required as a condition of probation. The open container paragraph does not affect the level of the offense.