The Common Law

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Are Texas Drunk Driving Laws Tough Enough?

In recent years, the Texas Legislature has stiffened the laws that regulate and punish drunk drivers. For example, in 1999, the blood-alcohol concentration used to establish whether a driver is per se drunk was reduced to 0.08. Also, in the late 1990s, Texas law was changed to reflect "zero tolerance" for underage drinking and driving. Specifically, the "zero tolerance" law punishes anyone under the age of 21 who drives under the influence of alcohol, even if that person's BAC is under 0.08.

A more recent law passed in 2005 provides for heightened penalties when a person is convicted for driving with a dangerously high BAC of 0.15. Supporters of the high-BAC law argue that a more severe punishment for high-BAC drivers is justified. According to statistics released by Mothers Against Drunk Driving, 58% of alcohol-related fatalities involve someone with a BAC of 0.15 or higher.

While the last 10 years has seen Texas embrace a more rigorous approach to identifying and punishing drunk drivers, Texas has not yet adopted laws that are somewhat common in other states. For example, some states apply a lower BAC to repeat offenders. Other states apply penalties for refusal to take a Breathalyzer test that are greater than the penalty for actually failing the test. In Massachusetts, for instance, the first refusal to take a Breathalyzer results in a 180-day license suspension, but subsequent refusals can result in three-year, five-year, and lifetime license suspensions.

MADD gave Texas a "C minus" in a 2002 study comparing the strength of drunk driving legislation in all 50 states. While I believe there has been some improvement since then, Texas law is probably average (at best) in deterring and punishing drunk drivers. Of course, the easiest way to never be concerned with that status of Texas DWI law is to avoid driving under the influence altogether. Use a cab or designated driver this New Year's Eve!