Advocates Push for Changes in DWI Law
Loubna Elharazin stood with law enforcement officers outside the legislature to draw attention to a campaign to strengthen Texas DWI laws. Her young son was involved in an accident with a drunk driver over a year ago. According to Mr. Elharazin, the driver of the other car was able to take advantage of a loophole in Texas law because some of his past DWI convictions occurred in other states where they were considered misdemeanors. This type of technicality can affect how much jail time a convicted offender may receive, and now Ms. Elharazin and others are pushing the legislature to strengthen DWI laws so that repeat offenders will get the maximum punishment under Texas law regardless of where the other DWI convictions occurred.
Texas had 1,269 alcohol-related traffic fatalities in 2009, one of the highest numbers in the nation. According to the state, about half of the traffic fatalities are drug or alcohol related. In addition to changing how DWI convictions are treated by the courts, legislators will also be looking at re-tooling the controversial Driver Responsibility Program that requires first-time DWI offenders to pay hefty fines, referred to as surcharges, which vary based on blood alcohol level (BAC) and prior convictions. First-time DWI offenders may be charged a $1,000 surcharge annually for three years. That charge raises to $2,000 if the driver’s BAC is twice the legal limit. These surcharges do not take into account the individual’s income or ability to pay. Presently the state has billed 1.2 million drivers’ surcharges that have not been paid.
Critics argue that this expensive program creates more problems than it solves and that instead of discouraging behavior, as the program was intended to do, it has created a new problem in Texas. According to Ana Yanez-Correa, of Texas Criminal Justice Coalition, “There are 1.2 million Texas drivers who have lost the ability to have a driver’s license and to buy insurance. And there is zero evidence to show that this program has improved public safety and the behavior of drivers in this state.” Others contend that this program is intended to punish individuals and raise money for the state, not to rehabilitate people who may need treatment or to help make the roadways safer.
Due to some of these arguments, lawmakers are looking into alternatives that may be a better use of state funds. One such program is a new treatment plan for first-time DWI offenders. This program would focus on must needed alcohol treatment and rehabilitation. Law enforcement representatives are also pushing for sobriety checkpoints and mandatory blood alcohol testing as others options to protect the public and reduce the number of alcohol related accidents in Texas. Depending on how the legislature proceeds, changes may be on the horizon in Texas that will impact the state’s DWI laws and penalties, which may substantially impact those convicted of a first-time DWI.
