Coral Gunter
Attorney at Law
406 Sterzing, Second Floor
Austin, Texas 78704
(512) 474-5577


DWI Info

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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.

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