• 14
  • April
    2011

This past week, lawmakers were called upon to consider two proposed DWI-related bills that could potentially alter the legal landscape here in Texas.

Specifically, members of the House Criminal Jurisprudence Committee debated the merits of House Bill 439 (HB 439) and House Bill 473 (HB 473).

  • HB 439 would provide law enforcement officials with the option of establishing random sobriety checkpoints. (Currently, over 30 states have such laws on the books)
  • HB 473 would authorize the courts to punish first-time DWI offenders by ordering the installation of ignition interlock devices on their vehicles

Supporters of these measures, including committee member Rep. Wayne Christian (R-Center), argued that they would not only keep motorists safer but would also keep costs associated with prosecution/incarceration lower.

To illustrate, Rep. Christian pointed to the ignition interlock device requirement, asserting that it would cost far more to keep a first-time offender in jail, and that they alone would be responsible for covering the costs of the device (purchase price, rental fees, etc.)

However, the two bills have already encountered opposition from some Texas lawmakers.

The primary argument advanced by this groups is that the two measures would not prove effective in catching drunk drivers and cause undue harm to local bars, clubs and restaurants by driving away patrons who may enjoy only a few drinks.

"A road block is just stopping people at random," said Rep. Joe Deshotel (D-Beaumont) of HB 439. "I just don't agree with stopping people at random and looking for a criminal."

Interestingly, the American Beverage Institute (ABI) an outspoken critic of sobriety checkpoints has also entered the fray, expressing its concern over not only HB 439, but HB 473 as well.

"The proposed interlock mandate fails to target the hardcore alcohol abusers that cause the majority of crashes and instead will force first-time DUI offenders, even those just one sip over the legal limit, to install breathalyzers in their cars," read a statement from the ABI.

The House Criminal Jurisprudence Committee will now have to decide whether to vote on both HB 439 and HB 473. Some committee members have indicated that it may be too late in the legislative term for the bills to advance.

Stay tuned for developments from our Dallas criminal defense blog ...

Please remember, if you are arrested for driving while intoxicated and are thinking about trying to save money by using a public defender or handling the matter yourself, you may want to reconsider. An experienced DWI defense attorney will know the best way to handle your ALR hearing to protect your driver's license, as well as the strategies that the police and prosecutors are likely to use in their case.

Today's post was for informational purposes only and not to be construed as legal advice.

Related Resources:

Texas drivers could see DWI checkpoints (KXAN-Austin)