Texas state representative facing drunk driving charges

May 24, 2013

Tracking down suspected drunk drivers has long been a major priority for Texas law enforcement agencies. Texas has some of the strictest anti-drunk driving policies in the nation. For example, law enforcement agencies frequently implement "No Refusal Weekends," during which drunk driving suspects who refuse breath tests can be required to submit to blood tests. Law enforcement even keeps judges on call to facilitate the quick issuing of warrants.

No one is exempt from the watchful eye of Texas police officers and highway patrolmen. As a recent case shows, even high profile individuals like state lawmakers cannot escape prosecution for drunk driving.

Circumstances of the arrest

In March, state Rep. Naomi Gonzalez of El Paso was arrested on suspicion of driving under the influence of alcohol. She is now awaiting resolution of misdemeanor drunk driving charges.

According to law enforcement reports, Gonzales was involved in a drunk driving accident at approximately 2 a.m. on the morning of March 14. She allegedly crashed her car into another vehicle, which, in turn, crashed into a cyclist. A Breathalyzer test revealed Gonzalez's blood alcohol content to be 0.164. Everyone involved in the accident was injured and had to be taken to the hospital.

As is true for anyone charged with drunk driving, the allegations have the potential to cause significant disruption to Gonzalez's career. Recognizing this, Gonzales gave a contrite speech to her colleagues during which she apologized for bringing shame to the body and her district.

When making the speech, she did not admit that she was drunk at the time of the accident. This was likely an effort to preserve her right to contest the charges if she chooses to do so. Most criminal defense attorneys recommend that their clients avoid commenting publicly on the charges against them.

While the speech may have helped Gonzalez's reputation at work, it is unlikely that it will change the outcome of her prosecution. After state Rep. Eddie Rodriguez was arrested for drunk driving in 2010, some people accused the criminal justice system of giving him special treatment. The charges against Rodriquez were dismissed after a judge found that police did not have probable cause to pull him over. The public fallout from that case was dramatic, leading some to assume that Gonzalez's case will not receive similar treatment.

Texas DWI penalties

Even misdemeanor DWI charges carry the possibility of significant penalties. A first offense for driving under the influence of alcohol in Texas can result in up to six months in jail and a fine of up to $2,000. A first conviction can also take away a person's driving privileges for up to one year. The penalties increase with each subsequent offense.

Because of the serious consequences attached to a drunk driving conviction, it is important for anyone charged with driving under the influence to talk to an experienced criminal defense attorney. The attorney will be able to fully investigate the case and ensure that the accused person's rights are protected.

Article provided by Law Offices of Randall B Isenberg
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