One of the states with the most fatalities caused by drunk drivers is considering treatment instead of imprisonment for first-time DWI offenders.
A proposed Texas state law sponsored by Rep. Todd Smith offers first-time offenders deferred adjudication so long as they receive counseling and enroll in rehabilitation programs. The legislation, if approved, would bar first-time offenders from the program if they are involved in an accident that results in injuries (intoxication assault) or fatalities (intoxication manslaughter). The law would also allow prosecutors to seek enhanced sentences for repeat offenders.
Lawmakers are addressing the problem of drunk driving in Texas, giving the number of deaths that occur each year as more than 1,000, which makes Texas one of the deadliest drunk-driving states in the country. Prosecutors have little wiggle room when it comes to drunk drivers, especially first-time offenders, and would like the ability to offer something other than fines or prison. The sheer cost of prosecuting drunk drivers has filled Texas courts and county prisons and sapped local budgets. Offering alternative treatment is seen as a way to lower the cost of prosecution while continuing to address the issue of drunk driving.
The bill also has a component to mollify critics who believe in the current no-tolerance policy. It includes the installation of ignition interlock devices, which test a driver's blood alcohol level before a vehicle can be started.
The legislation has the support of a wide variety of groups, including Mothers Against Drunk Driving. While implementation is not certain, the bill is believed to have enough support to be passed.
