

Driving While Intoxicated
Cases involving DWI can be very hard on those that often have
little to no experience with the criminal justice system. When this happens to
you, get an attorney who will work for your rights.
As a result of special interest lobby groups, the Texas state
legislature has tightened DWI laws more than ever before. On September 1, 1999,
new laws went into effect that lowered the maximum allowable blood alcohol
content to 0.08. Depending upon how much food you have eaten and how much you
weigh, this means that you can be considered too drunk to drive after
just one drink!
Here is an interesting excerpt from an article written by
District Judge Dennis A. Challeen:
"What do we do about the drunk driver in our
society? The knee-jerk response by lawmakers has been strict laws and severe
punishments. But severe punishments have not proven successful. Tough
sanctions work the best on responsible drivers, those who self-correct, are
easily deterred, and restrict their behaviors with good common sense . . .
people who are the least problem to society. Severe sanctions are the least
effective on irresponsible, hardcore drinkers who are society s greatest
problem.
Movements to reduce the legal intoxication level from
0.10 to 0.08 percent BAC or less will do nothing to get at the problem. The
hardcore group will not be thwarted by this legislation. The hardcore group
wakes up in the morning close to a .010 BAC and builds on it from there.
Most drunk driver fatalities have BAC levels close to 0.20. If lawmakers
reduce the level to 0.08, they are simply catching more of the wrong people,
the people who are not the problem. DWI laws are like bicycle locks - they
keep responsible people honest but they are useless against determined
bicycle thieves.
In their zeal to get "them", groups like MADD
have gotten "us" instead by reducing our constitutional rights
significantly in the area of privacy, self-incrimination, search and
seizure, and the freedom to be left alone. We've paid the price, but it is
questionable whether we have bought any safety at all. The hardcore
irresponsible drunk driver in our society is not going to be easily
controlled, particularly by the well-meaning but ineffective efforts of
those who think our criminal justice community can solve the problem. Police
should focus on the characteristics of this hardcore group instead of the
population in general. People who conduct themselves in this manner can be
spotted.
While it is never advisable to drink and drive, occasionally
the good driver gets caught by the ineffective efforts of police. If this should
happen to you, do not give up your rights. Assert your freedoms and let the
police know that you will not take any tests or make any statements until you
speak with an attorney. Also, realize that you could be videotaped at almost
anytime during police custody.
If you have experienced a DWI, please contact my office as
soon as possible to arrange for representation. Please contact my office at (512)
474-5577 or coralsabinegunter@yahoo.com
for more information.