Update on Texas DWI Related Laws

Texas legislature considering several anti-drunk driving bills.

(Austin Texas) – There are two Texas DWI bills being considered by the state legislature. House Bill 4061 would expand the criteria for mandatory installation of an ignition interlock device in a vehicle. The device analyzes a driver’s breath sample and disables the ignition if the blood alcohol content registers above a pre-set limit. Currently, TX DWI law requires an ignition interlock for repeat drunk driving offenders and those who register a very high BAC at the time of an arrest.

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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