Drunk Driving Bills Fail in the Legislature

July 08, 2011

As the spring legislation session ends, many are wondering about the cluster of anti drunk driving bills that failed to garner support. The session began with lawmakers vowing to pass tougher laws that would keep more offenders off the road. Ultimately, lawmakers only agreed to send one proposal to the governor's office.

One proposal called for deferred adjudication for first time offenders, but it was defeated. It would have allowed for them to be acquitted if they completed court ordered treatment and supervision. Proponents believed it would help offenders get the treatment they needed and reduce court backlogs, while rightfully punishing repeat offenders. Mothers Against Drunk Drivers (MADD) supported the bill, but it eventually lost traction among lawmakers.

Another bill would have given local police and sheriff's offices greater powers to set up sobriety checkpoints, especially on lakes, where boating accidents typically have greater consequences. This bill failed as well. Critics believed that such checkpoints would only end up bothering law-abiding citizens. A host of compromises also weakened the bill. Officers could only ask for license and registration if they had probable cause that a law was broken, and checkpoints could only be set up in areas with a history of alcohol related incidents.

Lawmakers also considered ignition interlock devices for first time DWI offenders as well. Interlock devices detect the presence of alcohol in a driver's breath and will not allow the car to start if alcohol is detected. Texas would have become the 12th state to require those convicted of drunk driving to have such a device in their cars, but the bill failed.

The Khader Act was the only drunk driving bill passed by the legislature. It is named after the toddler who was seriously injured when his parents' car was struck by a drunk driver who allegedly was a repeat offender. His injuries left him in a vegetative state. Through this new law, the maximum penalty for intoxication assault cases would be 20 years in prison instead of 10. As for misdemeanor DWI cases, the maximum penalty would increase to one year in jail instead of six months, if the driver's BAC is .15 or above.

While a number of anti-DWI bills did not pass this session, lawmakers seem determined to enhance DWI penalties when the legislature meets again. Meanwhile Texas still has some of the toughest drunk driving penalties in the nation.

Article provided by Law Offices of Randall B Isenberg
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