Despite thousands of words and substantial research, seems that there is still little recognition that it is a CRIME to get in a car and drive it after you are intoxicated. The focus remains on the intoxication and the diseases connected to the decision to drink excessively.
I get that. And the criminal justice system gets that. There are plenty of tools, for those that want them, to focus on dealing with the disease.
The crime exists not because of the alcoholism. It exists because of the deliberate choice to get in the car and drive, endangering innocent people. Even after a death occurs, there is ambivalence toward punishment.
I agree with JB. It was almost amusing to read the article which stated that "get tough" hasn't worked. Really, has the Texas policy really been to get tough? I am not convinced that ALR and the surcharge, programs which have acted in practice to interfere with our ability to do the job, we haven't truly seen a "get tough" policy from the state.
We would all like to treat people with alcohol problems with a view to avoiding repeat DWI's. Makes sense. But in the end, isn't it a DRIVING problem that we seek to address? And can't the prospect of no DL (without automatic occupationals) and harsh punishment deter the conduct?
Much of the difficulty associated with DWI cases is related to process. A high rate of BT refusals leaves prosecutors with less evidence than needed to negotiate. The absence of deferred adjudication creates a need for creative charge bargaining. A leaky DL system (if you want an ODL, you get it), puts the D right back in a car.
The addition of mandatory blood samples for felony cases has already made a huge difference in prosecuting repeat offenders. Expand that mandatory blood to all DWI's. Restore deferred adjudication (with the ability to use it as a conviction for repeat offenders) and take away ODL for repeat offenders, making sure that everyone else has an interlock device.
Then, leave the system alone for a few years (that may be the hardest part for the Leg) and watch caseloads go down, trials diminish, and real progress begin.
This Defendant had no criminal history, but the jury felt the fact that someone had died warranted a prison sentence. See article below. Hopefully the link will work, I've never done this before1
Two years after the fatal wreck that claimed the life of 25-year-old Rebecca Ann Stuckey, the drunk driver who killed her has been sentenced to 15 years in prison.
A Hays County jury deliberated less than 30 minutes before convicting Austin resident Miranda Martinez, 24, of intoxication manslaughter.
