Could DWI laws in Texas become even stricter?
By Zendeh Del Law Firm
Feb. 18, 2011 10:20a
Police Chief Seeks To Redefine Impairment
Legislators and law enforcement officers alike have been discussing a proposal to create a new class of DWI offense, reports the Austin American-Statesman. The past few years have seen increased pressure on drunk driving crime, with police reporting a significant drop in DWI arrests from 2008-2009. This success has been attributed to the harsher enforcement measures enacted by city officials. New programs, including the creation of a mobile breath-testing task force, have been made possible thanks to a funding grant from the Department of Transportation.
The influx of money and resources has not been enough to satisfy Police Chief Art Acevedo, however. One of the chief supporters of the new proposal, Acevedo blames the state's woes on a structural weakness within the Texas criminal justice system itself. In a presentation to the Senate last July, Acevedo and other officials described a loophole allowing drivers to plead guilty to lesser charges. This enables the defendants to dodge license restrictions and other limitations placed on DWI offenders.
Proposal Creates All New Class of Drunk Driving Crime
Current Texas law requires a blood alcohol content (BAC) of .08 or more to qualify as 'impaired.' Drivers charged with their first DWI, a class B misdemeanor, can expect a fine of as much as $2000, and a jail sentence of up to 120 days.
Under the proposed new category of DWAI, or driving while ability impaired, drivers could be arrested for getting behind the wheel with a BAC of as little as .05. The logic behind the legislation is to allow wiggle room for drivers who become impaired at lower blood alcohol levels. "It varies," Acevedo says. "A person may be intoxicated at .05, and you don't want them out driving." Supporters have not suggested any specific penalties to be associated with DWAI offenses.
Protect Yourself From DWI Charges
As Texas DWI laws grow ever stricter, it becomes more and more important to find a Plano criminal defense attorney with skill and dedication. At the Zendeh Del Law Firm, our attorneys have a wealth of experience in DWI cases. We take pride in our reputation for excellence in the courtroom.
Contact a Plano DWI lawyer and receive a free consultation today!
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