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Blog Post

Changes to Texas DWI Laws May Be Ahead

Posted by: Nicole DeBorde
August 23, 2010
Topic: DWI Issues

Over the past 20 years, Texas has taken many steps to crack down on drunk driving. But according to some, several of these measures have caused more harm than good. Among those dishing out criticism are police officers and criminal prosecutors. According to one congressman, "Some of the changes we made in years past have had untended consequences that we're just now finding out about." In response to sharp criticism, Texas lawmakers are considering a revision of Texas's drunk driving laws, with a focus more on treatment of alcohol abuse, and less on fines, surcharges, and license revocation.

One proposed change is the repeal of a surcharge that can cost drunk drivers $3000 for their first conviction, and $4500 for their second conviction. These civil penalties are in addition to the fines and costs that normally accompany criminal charges. These additional surcharges were intended to help pay for trauma care in Texas. However, many people cannot afford to pay. Those who cannot pay cannot reinstate their driver's license. This leads many people to drive without licenses and insurance, causing them to break additional laws.

This problem is amplified by the State's automatic license revocation program. Some believe that this program has little practical effect and that its alteration, or even elimination, would not have much of an impact on the system. As such, this provision is being reviewed as well.

Texas lawmakers are considering adding new programs in addition to revisiting the old ones. Several Texas senators agreed that one option should be mandatory treatment programs for first-time DWI offenders. The programs are intended to help the offenders stop drinking and thus attack the problem at its roots.

Another program that is being considered is the increased use of roadblocks at "sobriety checkpoints." Texas politicians have been hesitant to allow such checkpoints, although they are currently in place in 39 other states. Also under consideration is expanded use of the Texas "no-refusal program." That program allows police to get an expedited search warrant and then draw blood from suspected drunk drivers.


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