The "DWI Lite" Offense
Read about the 'DWI Lite' offense, the tongue-in-cheek name for a possible new law that would lower the limit for blood-alcohol content.
December 12, 2010
There were an estimated 1.4 million arrests for driving under the influence (DUI) in the United States in 2003. Texas arrest data indicates that 262 juveniles and 93,986 adults were arrested for DUI in 2008. The legal limit for blood-alcohol concentration (BAC) in all states is .08 percent. Austin Police Chief Art Acevedo has presented a proposal to the state Senate subcommittee asking it to create a new offense for drivers with a BAC between .05 and .08 percent.DWI Penalties in Texas
An arrest for drunk driving can subject the driver to Administrative License Revocation (ALR) and a conviction will become part of the driver's permanent record. Fueled by public demand and outrage, legislators have outlawed deferred adjudication, under which offenders get a clean record after a probationary period. Lawmakers have also dramatically raised fines and costs for those convicted of driving while intoxicated.
Especially in the current economy, drivers are increasingly accepting jail time in lieu of paying hefty fines. State jails and prisons are overwhelmed. The Dallas Morning News reported earlier this year that the state is overrun with drunk-driving cases, verging on collapse.
Even first-time offenders can face up to a $2,000 fine, six months in jail, and a surcharge of $1,000 per year to three years in order to retain driving privileges. Penalties increase with repeated offenses. A second offense can carry a $4,000 fine, up to one year in jail, and a surcharge of $1,500 per year for three years for the driver's license. A third conviction carries a maximum fine of $10,000 and two to ten years in prison; the yearly surcharge is $2,000 for three years to keep a driver's license. In addition to these penalties, a driver's license may be suspended for one to two years depending on the offense.
Driving While Ability Impaired, or "DWI Lite"
The Texas Legislature may consider the offense of driving while ability impaired (DWAI) in January. The DWAI proposal does not lower the DWI limit; rather, it creates a new offense, the DWI Lite or subdrunk, as it has been termed.
Proponents of the new offense say the intermediate category of alcohol-related crime would help with plea bargaining in future cases. Currently, adept defense attorneys may plea-bargain down to a non-alcohol-related offense such as reckless driving. Austin police say that of the 7,165 DWI cases filed in Travis County in 2009, 2,216 were dismissed as DWIs, the majority pleading to non-DWI offenses. Even if these drivers are arrested multiple times for DWI, they will not be treated as a repeat offender with no prior conviction for an alcohol-related offense. With the new offense, busy prosecutors could cut a deal and still obtain a guilty plea for the lesser offense of DWAI.
New York and Colorado have enacted DWAI laws and have reportedly found the statutes to be both useful as an enforcement tool and profitable as a result of additional fines assessed.
Opponents say that the law will not stop drunk drivers and will put casual drinkers on the wrong side of the law. Indeed, even a couple of casual beers at a family barbecue or toasts at a wedding reception could result in an alcohol-related driving offense. It can vary significantly between individuals, but an average sized woman can attain a .05 percent BAC after drinking two glasses of wine in an hour; an average man can get there after three in one hour.
Some say that the answer lies not in stricter limits but in education and treatment for repeat offenders. One contingent argues that BAC testing itself is arbitrary, saying there is no scientific evidence to prove that a driver is automatically impaired at .05, .06 or .07 percent. They cite studies indicating that talking on a cell phone, even with a hands-free device, may impair a driver more than a .08 BAC. Further complicating DWI arrests, opponents say, is the difficulty in observing low-level BAC, which may be scientifically demonstrable but not visibly obvious.
Anyone arrested for DWI should contact a criminal defense attorney immediately. A lawyer can investigate the circumstances surrounding the stop, arrest and any tests that were administered, and will work to protect the driver's rights throughout negotiations and at trial.
Article provided by Scott H. Palmer P.C.
Visit us at www.scottpalmerlaw.com