Texas Mulls DWI 'Lite' Category
Prosecutors press for law; bar hoppers and defense attorneys say not so fast.
Nov. 24, 2010— -- Hot Texas summers. Fall football weekend. Barbecues, tailgating -- and drinking.
Alcohol is an integral part of the Lone Star state culture. Texas is in the Top 5 in beer consumption, per capita, among the states, and is home to internationally award-winning Tito's Handmade Vodka.
But with all that drinking comes dangerous consequences. The Texas Department of Transportation reports the state has one of the highest number of Driving While Intoxicated crashes and fatalities in the country. In 2009, more than 142,000 Texans were arrested as third-time or more drunk driving offenders.
This January, Texas law enforcement officials and prosecutors may have another tool to crack down on drunk drivers as the Texas Legislature considers passing a Driving While Ability Impaired law. The proposed law, dubbed "DWI Lite" or the "buzzed driving law," would create a new misdemeanor charge for driving with a .05-.08 blood alcohol content. The legal limit for a Driving While Intoxicated charge in Texas is .08.
Each year, thousands of drivers in Texas who are arrested for DWI are allowed to plea their charges down to a non-alcohol related offense, such as reckless driving or obstructing roadways. Law enforcement agents said DWAI will be a way to allow defendants to plead out of DWI but still have an alcohol-related offense on their record. Then, if a repeat offense occurs, prosecutors will have the option to enforce stricter penalties.
In Texas, the penalty for a first-time DWI is a fine of $2,000 and a 90-day driver's license suspension. On second offense, the fine doubles and the driver's license can be revoked for up to two years.
"When people are arrested for an alcohol-related offense, it needs to show up on their record," said Austin PD Commander of Highway Enforcement Jason Dusterhoft. "Our No. 1 goal is to keep drunk drivers off the road and keep them from killing people. DWAI would be a way for us to work toward eliminating repeat offenders."
Austin police chief Art Acevedo and the Austin police department are spearheading the campaign for the new DWAI law. Acevedo appeared before the Senate Committee for Criminal Justice in early October, asking lawmakers to consider passing the law when the Senate Committee for Criminal Justice convenes in January. Acevedo said the motivation for passing DWAI in Texas would be to clear the courts, and streets, of the countless DWI cases from repeat offenders.
