Texas Considers Lightening Up On Drunk Drivers

Yes, you read that right. While we’re accustomed to seeing criminal penalties for driving under the influence (DUI) get more severe, particularly under the watchful eye of lobbyist groups like MADD, Texas may be taking a step towards easing up on first-time DUI offenders.

Proposed legislation would allow those accused of drunk driving to opt for what’s called “deferred adjudication.” This means they would be able to serve a period of probation, including treatment, while avoiding jail time— freeing up space in overcrowded jails and overburdened courtrooms.

Deferred adjudication was eliminated in Texas DUI cases back in the 1980s in hopes potential jail time would scare away would-be drunk drivers. But now, even MADD is supporting the change back. Could it be that MADD and Texas lawmakers alike see DUI penalties are often way out of line with the crime at hand? Not hardly. Instead, they say their support is because current laws (and the lack of a deferred option) is causing many of those first-time DUI cases to be pled down to reckless driving or other similar, non-alcohol related charges—something they don’t like.

The proposed legislation (HB 189) comes from Republican legislator Todd Smith and is getting support from a variety of sectors. So, if it has mass appeal and support from MADD, it’s got to have problems right? Well, it’s definitely not perfect. Popular Texas criminal justice blogs like Grits for Breakfast are all weighing in on the bill’s shortcomings and promise of progress.

One of the major issues with HB 189, and one local Attorney Paul B. Kennedy objects to, is the fact that the legislation bars people from seeking a nondisclosure order on their case once they’ve satisfactorily served probation. One of the main lures of a deferred option is knowing the DUI arrest won’t be held over your head by potential employers or landlords. But if you can’t seek a nondisclosure order, the arrest will remain for all to see.

Another issue with the bill is that it requires an ignition interlock device for every single drunk driving deferred adjudication. While the option to install an alcohol detection device is not bad in and of itself, requiring them in every case is complete overkill. It’s this elimination of discretion in mandating such devices that has Attorney Robert Guest rightfully questioning “how much lobbyist cash the interlock lobby is throwing around Austin these days.” They simply aren’t appropriate in every single case and sweeping mandates are just not needed.

When it comes to drinking and driving, my personal opinions are no mystery. However, progress is made one step at a time and sometimes those steps are so small they’re hardly noticeable. Is HB 189 a step in the right direction? I believe so. But it’s far from perfect. Who knows what sort of changes will be made to the bill before it is passed, if it is passed, though a reinstatement of deferred adjudication with the option of nondisclosure and judicial discretion in regards to ignition interlocks would be ideal.

Show your support for deferred adjudication for first-time DUI offenders in Texas by signing the petition below and passing it on to others.

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Photo Credit: Prentis T. Keener, Jr.