A "Lite" DWI for Texas?

January 17, 2011 (Press-News.org) A "Lite" DWI for Texas?

The Houston Chronicle reports that Austin Police Chief made suggestion during testimony that a new offense be created by the Legislature for drivers who have had a drink or two and haven't reached the .08 BAC level of a DWI charge. The Chronicle notes Acevedo wasn't available for an interview on the driving-while-impaired idea to provide any elaboration on his suggestion. The DWI Lite was submitted in testimony amongst other potential proposals.

Chief Art Acevedo didn't include a penalty with his proposal. A first offense of driving while intoxicated is a Class B misdemeanor.

Senate Criminal Justice Committee Chairman John Whitmire said Acevedo told him the idea was largely "to give people an opportunity to plead down to something." This is based on the idea that first-time offenders may plea bargain to a lesser offense in a plea bargain, and Acevedo said in remarks submitted with the testimony "makes more sense" than pleading to a charge of reckless driving or obstructing the roadway.

The new offense, which would be similar to some state's "driving while ability impaired" and the triggering blood alcohol concentration would be set between 0.05 and 0.07 -- below the 0.08 concentration, the statutory level where a driver is presumed to be intoxicated.

The Hospitality and Restaurant industry was quick to object the proposal as a threat to much of their business. With a threshold BAC of 0.05, many people, especially women, could be in violation of the law with a single glass of wine at dinner.

This could be potentially catastrophic to many bars and restaurants, where a large bulk of their customers, moderate drinkers who only want to enjoy a drink or two while at dinner or when watching a game, would decide there was too great a risk of being arrested on this "DWI-lite," and simply choose to drink at home.

It appears that there is not much support for the proposal, and Senator Whitmire commented in the article that no one wants a return to Prohibition. He sees as higher-priority items like treatment for repeat drunken-driving offenders and creating a uniform system for handling drunken drivers' cases across local jurisdictions in Texas.

Potentially Still a Problem for Texas Residents

While it may not become law in Texas, two states, Colorado and New York currently have this law on the books. If you have been charged in either of these states with driving while ability impaired, you should speak to a knowledgeable DWI attorney in Texas, as it is possible that because Texas does not have this type of charge, you could be faced with a punishment in Texas for a DWI.

If you have been stopped by law enforcement and changed with any DWI related offense, always speak with an experienced DWI attorney, who can evaluate your facts and provide the counsel you need to make an informed decision about your defense.

Article provided by Law Offices of Jeffrey C. Grass
Visit us at www.texas-defense-lawyer.com