If charged with DWI and at the time of the offense there was an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of how many days?

Prepare for the Penal Code 30-72 Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

If charged with DWI and at the time of the offense there was an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of how many days?

Explanation:
When there is an open container in the person’s immediate possession during a DWI, the offense is treated as a Class B misdemeanor with a mandatory minimum confinement. The statute sets the floor at six days in jail, meaning the court cannot impose less than six days of confinement, even though other penalties (like fines or probation) may also be included. The other options don’t fit because they either fall below the required minimum or exceed the statutory minimum for this specific open-container enhancement.

When there is an open container in the person’s immediate possession during a DWI, the offense is treated as a Class B misdemeanor with a mandatory minimum confinement. The statute sets the floor at six days in jail, meaning the court cannot impose less than six days of confinement, even though other penalties (like fines or probation) may also be included. The other options don’t fit because they either fall below the required minimum or exceed the statutory minimum for this specific open-container enhancement.

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