Posted on 10/09/2010 7:48:37 PM PDT by Responsibility2nd
SAN ANTONIO -- How drunk is drunk? Some police officers in Texas want a newly revised definition.
Currently, the blood alcohol level (BAC) of 0.08 or higher is considered to be under the influence, but one police chief wants to lower that number and change the legal limit.
KENS 5 talked to drivers about the proposed new law and we observed a varied reaction.
The next time you are at the bar or perhaps at a sporting event enjoying a casual cocktail, you may want to think twice about drinking that alcoholic beverage before planning to drive.
"I guess if I got pulled over and had one drink, I would be pretty upset about it," said driver and moderate social drinker April Brown.
The national standard is 0.08, but Austin's Police Chief Art Acevedo is pushing state lawmakers to allow officers to arrest drivers with a BAC between 0.05 and 0.07. The Chief said too many people are being arrested for DWIs and then plea bargaining for a lesser charge.
"One glass or maybe even one beer shouldn't be where you get in trouble for that," said driver Melody Segura.
The American Beverage Institute is urging Texas lawmakers to reject the proposed new law, saying it's attacking moderate social drinkers. The trade group responded with the following remark:
"By further lowering the legal BAC level, this proposal ignores the root cause of today's drunk driving problem, hard core alcohol abusers" (Sarah Longwell / Spokeswoman, American Beverage Institute)
"I think it's great" to lower the limit, said driver Max Sanchez.
Sanchez is for the proposed new law after years of watching his father battle with alcohol abuse and racking up many DWIs over the years.
"I really feel from the moment you take that first drink you know what you’re doing. So I think it's a good thing," said Sanchez.
Mothers Against Drunk Driving (MADD) of South Texas released this statement in response to the proposed law change:
"In 2009, 1,235 people died and 17,833 were injured in drunk driving crashes on Texas roadways. MADD is committed to supporting our partners and heroes in law enforcement in their dedicated efforts to keep our roadways safe. MADD remains focused on legislation proven to save lives, such as requiring ignition interlocks for all convicted drunk drivers with an illegal BAC of .08 or greater and allowing law enforcement officers to conduct sobriety checkpoints." (Jennifer Northway / Executive Director, MADD South Texas).
I’d vote for it but, sadly, it won’t pass in Texas.
Weren’t the Trial Lawyers behind the push in states to reduce the limit to .08?
They (government) want more money. It’s as simple as that. These people have never heard of the law of diminishing returns.
I have some wishes for law enforcement:
Start serving and protecting
You have turned into unmitigated bullies and asses
The Austin police chief is not “Texas officers.” It’s the Austin police chief.
9 times out of 10 law enforcement is a euphemism for tax collection.
In my (not so) humble opinion, any law based on an arbitrary number is defacto immoral - the focus ought be on safety and smooth flow.
Of course, there isn’t any money to be made with that, so it’ll never happen stateside.
Herr Acivedo continues his campaign for Reichsführer of Travis County.
He's on the radio a lot down here, and the polite demeanor and friendly disposition with which he describes whatever his new draconian policy of the week is quite disturbing.
I heard he was interviewing for the PC's spot in Dallas; please let him be gone soon.
this is probably because of sloppy police work at trial is resulting in dimissials and prosecutors are dealing with piss poor cases.
it is also about generating revenue.
The standard BAC for a drunk driving charge is .08%.
Which is a total scam as it is since .08% is not likely going to make you a less safe driver, merely increase opportunities for state revenue enhancement.
The old .1% standard really didn't make you that unsafe a driver but at least was reasonable cut off in that two beers at dinner wouldn't get you there.
At .05, having ever had an alcoholic drink in your life will qualify.
I bet you didn't know this, but you can be CONVICTED of a DUI with a 0.00 BAC.
DING DING DING DING
We have a winner.
.08 is not even close to drunk for most people
It comes under 'reasonable suspicion'. Small towns everywhere see a funding bonanza.
I got an idea:
How about pulling over drivers who exhibit impairment, whether the impairment occurs from drinking, drugs, texting, doing your makeup, reading a book, yakking with your friends on the phone, etc etc etc.
Oh I know it would never happen - it would require actual work. Zero tolerance and checkpoints are much easier.
But if your family has enough influence and money, you can bury your car upside down in a tidal river, leaving a woman to drown, and be declared the 'Lion of the Senate'.
Yes and MADD, this entire DWI process has been a cash cow for the trial bar.
They try it all the time in FL. You still get you license pull until after court which could take months. Actually, in FL the DMV (polics) pulls your license (a year BTW) and if convicted the Judge will pull you license. Why this isn’t double jeopardy I don’t understand. If you not convicted you get it back, by that time you have spent 3K to 4K maybe more.
Yeah, I read about that in the papers almost every day;
funny thing though: most of the drunks are also illegals...
Seems one law doesn't mean any more to them than another.
No kidding...
And it just happens that Travis County is facing a budget shortfall!
They ought to raise the limit...probably above .10. Maybe .12 or higher. I don’t drink, but if I can drive legally when tired, then one drink shouldn’t disqualify someone.
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