Will New Texas DWI Laws Pass to Allow for Sobriety Checkpoints?

The Texas House Criminal Jurisprudence Committee met Monday in Austin to discuss creative ways to curb DWI in the state. San Antonio police Deputy Chief Anthony Trevino urged legislators to allow for permanent DWI checkpoints that would allow law enforcement to stop drivers and do routine sobriety tests near “drunk driving hot spots.” The deputy police chief’s idea was opposed by Jim Harrington of the Texas Civil Rights Project who said that this would allow for police abuse of power.

Harrington said, “Once you start setting these roadblocks, you are basically saying the government has control over your movement.”

State Representative Pete Gallego, D-Alpine, the committee chairman, wanted “creative ways” to reduce the number of DWI’s in Texas, and said that the committee was looking for a change in DWI laws to “get on the front end of the problem.” In 2010, drunk drivers with a blood alcohol level higher than 0.08 killed 1,259 people on the Texas roadways. California, which has the second highest number of DWI deaths in the country, had 791 deaths in 2010 caused by drunk drivers.

Gallego said, “It’s always bothersome when California does something better than Texas. California – with more cars, more drivers and more people – still has less DWI-related deaths than Texas does.” This hearing was Pete Gallego’s last in the state Capitol, as he was elected on November 6th to represent U.S. House District 23.

Bexar County (San Antonio) District Attorney Susan Reed expanded “no refusal” weekends to every day of the year starting in April 2012. This means that anyone suspected of DWI in Bexar County will be required to have their blood tested if they refuse the breathalyzer. Reed said of their policy, “We are now the largest metro area in Texas to have an absolute no-refusal policy.”

Bill Lewis, MADD’s public policy liaison, asked legislators to support sobriety checkpoints by passing laws to allow police officers to conduct them. He said checkpoints could save 200 lives in Texas every year. Lewis said of lawmakers, “We have asked them to provide those guidelines for, what is it 18 years? They haven’t done it, so may it’s time to try something else.” He said he would be surprised if the checkpoints do get passed into law because he recognizes that some see checkpoints as government playing “big brother.”

Lewis did suggest to the Legislature that all first-time DWI offenders be required to use an ignition interlock device on their vehicle, which would prevent a car from starting if the driver has any detectable amount of alcohol in their system. Under Texas law, it is the discretion of the judges whether the ignition interlock device is used for DWI offenders.

Texas prohibits checkpoints based on the interpretation of the U.S. Constitution, however the Corpus Christi Police Department claims to have found a loophole. Public Information Officer for the Department, Julie Garcia, claims that the department does conduct what they call “driver’s license checkpoints” routinely. If during this driver’s license checkpoint a driver is suspected to be impaired, the officer can conduct field sobriety tests, which if failed, the driver “can and will be arrested.”

Driver’s license checkpoints are also used in Lubbock County, according to Assistant District Attorney Tom Brummett, who said that these checkpoints are an effective way to legally target DWI drivers. He said, “Even though we can’t use DWI or sobriety checkpoints, the law does allow us to use driver’s license checkpoints, vehicle safety checkpoints.”

$73k Anti-DUI Grant Just in Time for the Holidays

What better way to kick-off a safe start to the New Year than to receive a $73,000 grant to fund an anti-DUI program? The Palm Desert Police Department received the large grant from the state Office of Traffic Safety (OTS). According to the director, Christopher J. Murphy, the DUI checkpoints funded by such grants have been “an essential part of the phenomenal reduction in DUI deaths” from 2006 to 2010 in California. He added, “But since the tragedy of DUI accounts for nearly one third of traffic fatalities, Palm Desert needs the high visibility enforcement and public awareness that this grant will provide.”

The special grant is going to use the funds to target impaired drivers and also educate the public on the dangers of DUI by creating checkpoints. According to Palm Desert Police, the DUI checkpoints have been the most effective tool to any DUI enforcement strategy, and are said to save $6 for every $1 spent.

On November 19 of this year, the Palm Desert Police Department received a $100,072.00 grant from the California Office of Traffic Safety to fund a year-long program aimed to prevent deaths on the roadways through special enforcement and raising public awareness. The grant was said to fund Specialized DUI training in Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and Drug Recognition Evaluation. The grant was also expected to fund DUI Saturation Patrols, compilation of DUI Hot Sheets, Court sting operations that would catch drivers using their vehicle after a court appearance after their license had been pulled for DUI, and stakeout operations to observe repeat DUI offender probationers with revoked or suspended licenses.

The grant comes at a time when DUI enforcement is at its highest. Programs like DUI checkpoints are used to reduce the number of deaths and injuries related to drunk driving, which is especially high during major holidays like Christmas and New Year’s.

Winnebago County, WI receives grant for OWI Task Force

Winnebago County, Wisconsin received a $75,000 grant from the Wisconsin Department of Transportation’s Bureau of Transportation Safety in order to put together an OWI (operating while intoxicated) task force that will work through late 2013 to combat OWI during special events and weekends. The grant is going to be used to cover the wages and benefits of the officers who will be assigned to the task force. The OWI enforcement will include bi-montly patrols using 10-squad cars per detail, according to Winnebago County Sheriff John Matz.

Matz said, “We’re not trying to prohibit the consumption of alcohol. We’re trying to make our highways safer through responsible alcohol consumption.” A similar task force with a focus on drunk driving has been implemented in Brown, Outagamie, Marinette, and Sheboygan counties. Task forces in Winnebago and Manitowoc counties are set to begin operation in November, according to Michael Panosh, the regional program manager for the Bureau of Transportation Safety.

These Northeast Wisconsin task forces work together, and do not stay within jurisdictions. During deployments officers in one community can work in another. Panosh said, “The days of the corner bar are really over. People are driving between communities and counties.”