According to the Assistant District Attorney who developed the program, 490 Texas DWI defendants have qualified for DIVERT. The program started on August 1 of this year.

Jones was arrested for suspicion of driving while intoxicated in Houston on March 16, 2008 after police found him around 3:00 am asleep behind the wheel of a late model Nissan Altima stopped in traffic. Jones reportedly registered a blood alcohol content of .135%, substantially higher than the .08% legal threshold for intoxication in Texas.

Jones was the Texans’ third round draft pick in 2007.

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Simmons denies being under the influence of drugs or alcohol. He demanded a breathalyzer test which the officers did not administer. A blood sample was taken, though the results will not be known for several weeks. Simmons claims he lost control of his vehicle during a sneezing fit caused by allergies and black pepper on the catfish he had just consumed.

The murder trial was halfway through jury selection when the arrest occurred. Simmons was ordered to reimburse the county $318 it had to pay potential jury members. He apologized to the court, his law partner, his client and the murder victim’s family.

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Officers responding to the scene said Hill appeared to be intoxicated and slurred his words. Hill reportedly failed a field sobriety test and was booked on suspicion of drunk driving in TX. He posted a $1000 bond and was released Sunday morning.

Hill's arrest was the only DWI associated with the Saturday night concert at Cowboys Stadium. Nineteen were arrested for public intoxication during and after the concert.

The Cowboys organization said it was aware of the arrest but had no comment. Hill, 53, has been involved with several large construction projects in the Dallas area, including the Texas Rangers baseball stadium and the American Airlines Center used by the Dallas Mavericks basketball team.

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According to Texas DWI law, property used during a drunk driving offense or boating while intoxicated offense can be confiscated if the defendant has three prior convictions for the same offense. The Texas Code of Criminal Procedure also allows for seizure of vehicles in certain cases of drag racing and those who attempt to evade arrest.

The DA’s office and law enforcement agencies involved in the program will be able to either use the seized vehicles or benefit from the proceeds of a sale or auction. When property is sold, thirty percent of any proceeds will go to the DA’s office, and the remainder, minus costs associated with the seizure, will go to the law enforcement agency involved with the arrest.

There are plans to purchase mobile breath testing machines with the proceeds from vehicle seizures. The county DA hopes to be able to seize enough vehicles to fund that. Montgomery County has the highest rate of per capita arrests for drunk driving in Texas. It is estimated that there are 1000 chronic offenders for DWI in the county.

The District Attorney’s office plans 'no refusal' weekends to crack down on TX DWI offenders by using warrants to demand blood samples to test for alcohol content. Additional efforts will target drunken boaters on area lakes.

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The key restriction is availability of judges to sign the court ordered warrants. Currently judges volunteer their time to be available weekends and after-hours. When a driver is stopped for suspicion of drunk driving in Dallas, Texas, the judges can sign a warrant and the suspect is taken to the Dallas County Jail where a blood sample is taken by nurses from Parkland Memorial Hospital. The sample is then tested for blood alcohol content.

To make the blood draw initiative a year round effort, judges would always have to be available to sign warrants. County jail magistrates are on duty around the clock though under current state law they are prohibited from signing 'evidentiary' search warrants. The Dallas County prosecutor sees that has a 'fluke' in the law and has been working on legislation to change the situation. Wording to clarify the types of magistrates that can sign evidentiary warrants was placed in a bill during the current Texas legislative session, but was later removed.

Texas DWI defense attorneys cite a constitutional liberty against unreasonable search and seizure of evidence, and say the forced blood draw program is being used to negate a defendant’s legal right to refuse to submit to a breath, urine or blood test. Existing state law defines situations when a blood draw is appropriate, including accidents involving injury and repeat DWI offenders. There are also questions regarding the proper drawing, handling and storage of what amounts to key evidence in a criminal case.

A Dallas County District Attorney disagrees, adding that he does not foresee any effective legal challenges being made to the blood draw initiative. The County prosecutor believes there is still time to change the law during the current state legislative session.

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The new law would nearly double the number of motorists subject to the installation of the device by requiring an interlock for all convicted of DWI, even first time offenders. A judge will have the discretion to deem the interlock unnecessary.

The ignition interlock bill was passed unanimously yesterday by the House. Similar legislation failed in the last legislative session though there is no organized opposition to the measure this time around.

The other DWI measure being considered by the legislature would permit larger cities and highly populated counties to establish sobriety checkpoints. There is much controversy surrounding the bill, including concerns over potential abuse, racial profiling, inefficiency and a perceived police state where innocent motorists are stopped without reasonable cause. The bill was passed by the Senate by remains in House committee.

Late yesterday, one lawmaker attempted to add the sobriety checkpoint bill to major legislation on the future of the Department of Public Safety. The House parliamentarian however told the lawmaker to withdraw the amendment because it involved activities conducted by law enforcement groups other than the DPS. As a result, the sobriety checkpoint law is expected to die in committee.

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The Federal Highway Administration says that permanent memorial signs are only permitted in locations with parking, such as recreation areas, rest stops and scenic overlooks. Such signs are not permitted on roadways for the safety of motorists and because of operational concerns. Families and friends of drunk driving victims say the signs are a form of remembrance and believe the signs should be left up permanently.

TxDOT says that a number of memorial signs have passed the one-year mark though there is no concerted effort to immediately remove them. Officials are now waiting until summer to see if the state legislature passes a law doubling the time the TX DWI memorials can remain in place. The bill is scheduled to be out of committee by May 11.

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The measure seeks to offer a second chance to combat veterans possibly suffering from mental illness, like post traumatic stress disorder, or a head injury. Prosecutors would have to agree to enrollment in a special program and the veteran would have to successful complete conditions of the program. Having the arrest expunged would mean the veteran would not have a criminal record, a benefit when attempting to secure housing, apply for a job and retain military benefits.

Prosecutors across the state question the law, asking whether it provides special handling of crimes like driving while intoxicated in Texas, that are not available to non-veterans with mental illness. A Texas judge, who is a veteran, rejected that attitude, saying it comes from people who have "never carried a 60-pound rucksack and an M-16 into battle."

Pre-trial diversion is already available to district attorneys and judges, though it is used sparingly. The bill's author hopes it makes prosecutors give additional thought to legal options.

Objections have also been raised to the destroying of criminal records, and the option of sealing the records has been debated. In Texas however, sealed records can be viewed by many entities, which could lead to problems in qualifying for military benefits. To complicate the issue, the military has yet to openly acknowledge potential problems with post traumatic stress disorder in veterans.

The bill was fast-tracked on a special legislative calendar until lawmakers realized it was a substantial enough change in existing Texas law to require debate by the full Senate.

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The fear that alcohol sales lead to additional crime, especially drunk driving in Texas, is basically unfounded. Based on 2007 data from the Texas Department of Public Safety and the National Highway Traffic Safety Administration, the number of arrests for driving while intoxicated in Texas was 502 per 100,000 residents in dry counties versus 445 in wet. The number of traffic fatalities involving alcohol in dry counties was 5.7 per 100,000 residents in dry counties; more than twice the 2.7 rate in wet areas.

Wet counties, however, showed a dramatic difference in domestic violence. There were 849 reports of domestic violence per 100,000 residents in wet areas compared to 482 in dry counties. Reports of increased aggravated assault were inconclusive, leading some to feel that the size of the city was more influential than the availability of alcohol.

The density of alcohol outlets was not shown to be directly associated with an increase in crime, though influential. Places permitting on-premise consumption of alcohol, like bars and restaurants, generally lead to an increase in the number of domestic abuse and aggravated assault, while off-premise establishments, like liquor stores, grocery stores and convenience stores, do not.

The mix statistics has lead law enforcement groups to promise aggressive enforcement in counties that decide to permit alcohol sales. That includes increased patrols for Texas DWI, undercover stings in establishments and coordination with the TABC in shutting down problems stores.

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Citing protection from identity theft, the bill is being pushed by the Association of Texas Professional Educators in response to 2007 legislation calling for the fingerprinting and background check of all school employees across the state. The issue is not with the checks themselves but rather whether the resulting information should be available to all. Public perception could lead to unwarranted reactions that fail to account for the nature or date of the offense, whether the information is correct, and even whether the charges were dropped or the defendant was found not guilty.

A study by a Dallas newspaper has revealed that 4300 Texas school employees who have undergone the fingerprint check against a national criminal database were found to have been charged with misdemeanors. Another 900 have been charged with felonies. The legal battle over releasing the criminal histories of school employees started when the Austin Independent School District refused public information requests brought by local reporters. Texas Attorney General Greg Abbott ruled that the information was not public because the background checks were done on a federal crime computer making it exempt.

Lobbyists for the proposed new law say that the 2007 fingerprinting initiative was intended to give school district personnel and the State Board of Educator Certification information to protect school children, and that it would be unfair to release the results of background checks to the public.

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A spokesperson for the San Marcos Police Department said that awareness is the largest contributing factor in the declines. Motorists and students are taking more responsibility when they consume alcohol. The city website provides links to numerous agencies and resources pertaining to health and alcohol awareness. Texas State University, located in San Marcos, has initiated a free ride program to students who are intoxicated or otherwise unable to drive. Counseling and educational programs also are available to students.

Even local bar owners are not surprised by drop in Texas drunk driving and alcohol related arrests. They say that police presence and the number of patrons has remained the same, drinkers are simply making smarter decisions.

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The bill's author, Senator Eliot Shapleigh, originally called for scrapping the program in its entirety. Negotiations lead to a compromise allowing judges to lower the surcharge based on the case and barring the state from assessing students and the indigent. The legislation also allows motorists to earn credit toward satisfying the surcharge for each year they have no additional traffic violations.

Sen. Shapleigh called the surcharges 'punitive fines' to help the state balance its budget. The Texas Driver Responsibility Program was passed in 2003 when the state was facing a $10 billion gap in revenue. The intent claimed at the time was to make the fines so large that it would deter people from speeding, driving recklessly and driving under the influence. The biggest surcharge was levied against those convicted of drunk driving in Texas - $1000 each year for three years and $2000 each year for those with a blood-alcohol content in excess of .16%. The funds generated would go toward highway construction and trauma care. In practice, the percentage for highway funds has been redirected to the state's general fund and very little money has been spent on medical infrastructure. Of the 1.6 million motorists hit with the surcharge, nearly 1.1 million have not paid what now amounts to nearly $900 million.

A report from the Texas Department of Public Safety indicates that only 25% of those charged with failure to have a valid license paid the fine. 36 percent of those charged with Texas DWI paid. In 2007 the Texas legislature granted partial amnesty and initiated an incentive program for motorists to be in compliance. The DPS has increased its efforts to collect the surcharge, even going to the extent of hiring a collection agency.

The proposed legislation revamping the Driver Responsibility Program was passed by the state Senate by a vote of 23-5.

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The bill's sponsor claims that sobriety checkpoints will save 300 lives each year. Opponents say that roving, saturation patrols looking for Texas DWI offenders are more effective and a better use of funds and manpower. The checkpoint locations would be publicized, and the traffic stop would be videotaped and audio recorded. The bill prohibits law enforcement officers to ask for a driver's license or proof of insurance. A random system for stopping vehicles must be in place to avoid the perception of profiling.

A Texas Court of Criminal Appeals ruled against sobriety checkpoints in 1994, though it said that state lawmakers could pass legislation making them legal.

Under the proposed legislation, only counties with a population of 250,000 or more and cities with at least 500,000 residents could engage in the practice. Cities that meet the criteria are Austin, Dallas, Fort Worth, Houston, San Antonio and El Paso. The county sheriff or the city mayor would have to approve the set-up of TX DWI checkpoints.

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The arresting officer said the 26-year old beauty queen had droopy, bloodshot eyes and smelled of alcohol. Aguilar was book on charges of Texas DWI at the El Paso County Jail. She posted bond and was released six hours later.

Aguilar's reign as Miss New Mexico 2008 ended last December. She was also crowned Miss New Mexico Teen USA in 2000. Aquilar currently attends the University of Texas in El Paso.

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According to the arrest report, Street had watery and dilated eyes and a strong presence of alcohol. He failed a field sobriety test. Street admitted to having consumed four beers and to have taken prescription ‘Adderall’. He was booked for Texas DWI at the Travis County Jail.

Street played in the Oakland A’s minor league system last year. He is the son of former UT football star James Street and the younger brother of former Longhorn Huston Street who plays baseball in the major leagues for the Colorado Rockies.

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