Print This Post
Email This Post
9:48 am CST - April 15, 2010
Posted under On The Record
Senator Nelson to Pursue Permanent License Revocation for Repeat DWI Offenders
AUSTIN — Texas State Senator Jane Nelson, R-Flower Mound, today announced plans to pursue legislation in the 2011 legislative session to toughen laws against repeat drunk drivers.
Her action comes after the Easter weekend accident in Lewisville where a mother and daughter from Argyle were killed and other family members were injured when their car was struck by an intoxicated driver who had three previous DWI convictions.
“We must stop these serial DWI offenders whose illegal behavior is devastating our communities with the needless loss of precious lives,” said Senator Nelson. “I intend to pursue a ‘two strikes and you’re out’ law that will ensure anyone who is convicted of a second DWI offense will lose their drivers license forever.”
In 2001 Senator Nelson sponsored a landmark piece of legislation requiring an automatic license suspension on the second DWI convention, as well as the installation of an ignition interlock on the driver’s vehicle. The bill also expanded the open container law. Since then the Legislature has added additional penalties for driving under the influence. Current law provides for a maximum license suspension of two years.
Senator Nelson is in the drafting stages of legislation that will:
· Permanently revoke the driver licenses of individuals upon their second offense;
· Make intoxication assault causing serious bodily injury a first-degree felony;
· Create a misdemeanor offense for driving with a suspended license.
“Prosecutors say they are seeing more and more cases where a person is getting their third and fourth DWI, and killing someone in the process. Clearly, the penalties are not severe enough to change behavior,” she said.
In 2008, national highway safety authorities attributed 1,278 deaths on Texas roadways to crashes involving drivers whose blood alcohol content was .08 or higher. Texas has gotten tougher on drunk drivers but the Legislature needs to do more to end these senseless tragedies, Senator Nelson said.
SENATOR JANE NELSON represents District 12, including portions of Tarrant and Denton Counties. She is Chairman of the Senate Committee on Health & Human Services.
15 Comments
CWJensen
12:38 pm CST
April 15, 2010
GOOD IDEA ……………….Right after that voter photo ID bill.
The FIRST order of BUSINESS for ant REAL CONSERVATIVE.
Let’s do something HISTORIC or get out of the way so REAL PATRIOTS can.
David Sergi
7:11 pm CST
April 15, 2010
Another useless law that is an over reaction to a terrible loss. These people will continue to drive and its better to restrict their hours and give them a way to drive legally to and from work etc. I am so sorry but I cant support this as its good politics and terrible policy.
Gary
9:44 pm CST
April 15, 2010
Why not just ban Open Saloons? There are Counties and Districts within the Dounties that bar open Saloons right now. Everyday in Texas thousands of men and women get off work and stop and have two or three beers or mixed drinks, then they drive home. If they get stopped I almost garantuee you 90% would fail the breathalyzer test. This will never happen because it would be such a revenue loss for the State. They care about human life until it comes to money. Punishing some family because a man or woman has no control over a substance the State allows to be sold will accomplish nothing. Sure you have a few more people in jail because when you take someones license away they’ll continue to drive. It just seems having to buy your alcohol to take home before you drink is a much more effective way.
Sam
9:51 pm CST
April 15, 2010
Upon receipt of second DUI your car is sent to the car crusher at a salvage yard and you walk from then on!
David Sergi
6:13 am CST
April 15, 2010
Sam, your either a tea totaler or have never seen or lived with the average guy. You know the guys that appear on King of the Hill. Those that don’t attend churches on a regular bases or if they do have to drink in secret. Gary is actually right and I really hope that the Senator will listen to real conservatives rather than engage in political theater.
David Sergi
6:18 am CST
April 15, 2010
Actually the more I think about it the more I would ask the Hon. Senator to consider how effective the current practice of having those convicted of DWI pay reinstatement fees of 1000 per year. Most dont and then get cited fro DWLS. DPS is now having to consider rules to abate this ill considered move. All we have done ( and this bill will do ) is create more work for DAs’ and Defense attorneys, clog the court houses, cause us to spend more money on incarcerations and most of these guys will drive anyway. This just wont work.
David
9:46 am CST
April 15, 2010
Great–some good points on both sides of the issue. I think punishment for a second offense should be severe. We need to send a strong message that driving under the influence will not be tolerated. Also, I beleive that if a drunk driver kills someone as a result, his punishment should be even more severe.
What ideas do you have for dealing with these situations?
CWJensen
12:48 pm CST
April 15, 2010
2nd DWI the were a monitoring device for the rest of their lives or spend 20 years in prison.
If there is a 3rd offense they are send them to a Mexican prison ( call it a cultural exchange) we grant citizenship to one illegal they receive one prisoner.
David Sergi
8:23 pm CST
April 15, 2010
You really want to pay for 20 years in prison? For whats now a misdemeanor? Frankly the real issue is to understand that alchohlism is a disease. It strikes all levels of society and most of know alcholholics. yes Virgina they do drive and they will drive. What we really need to do is to figure out how to get them the help they need to overcome the problem. I am no liberal; I just know way to many drunks and some of them serve in Austin in both houses of the Lege. The time to get tough on crime has passed we need to get real. Real solutions with real workable economically feasible treatment options.
D Sims
10:37 pm CST
April 15, 2010
List of choices and results (AKA consequences) to be added to list of diseases.
The CDC, I am sure, will readily add them to their list if they are not already listed.
LIST:
Alcoholism – AKA: drunkedness, abuse of alcohol, voluntary frequent drinking.
Results (consequences) – self destruction of health, violence, abandonment of consideration,
destruction of relationships, denial of responsibility, misuse of funds, potential for homicide,
loss of employment or business, and addiction.
Non-prescribed drug additiction – AKA use of: methphetamines, cocaine, crack-cocaine,
mind altering derivatives, etc.
Results (consequences) – self destruction of health, violence, abandonment of consideration, destruction of relationships, denial of responsibility, misuse of funds, potential for homicide, potential for murder to support addiction, potential for theft to support addiction, loss of employment or business, and addiction.
Adultery in marriage – AKA: choosing to break commitment, self indulgence, and violation of trust.
Results (consequences) – disorderly marriage and family, divorce, abandonment of parental commitment, destruction of childrens trust and security, financial destruction, destruction of relationships of extended family and friends, destruction of self trust and esteem, willful abandonment of civil foundation, exchanging relationship responsibility for self gratification, and accomodating theft of spouses exclusive access.
Pediaphilism – AKA: choosing to violate: the trust, innocence, weakness, unawareness, and vulnerability of a child or young person for self gratification.
Results (consequences) – potential of child’s immediate or futrure death, destruction of child’s present and future relationships, destruction of child’s trust of other people, destruction of child’s self esteem, serial sexual abuse of children by the pediaphile, (HOPEFULLY) the arrest and long term judicial conviction of the pediaphile, possible resulting death of the pediaphile, and the possible permanent mental anguish of the child’s parent(s) and other family members.
For the purpose of brevity, I will limit the list. But, I am sure many of you could easily add other (sic) diseases.
The single summary of these so called diseases would be: disobedience to God’s Word.
Who knows? The CDC might even add that.
Sam
8:07 am CST
April 15, 2010
Well David….I think you would “re-consider” if a 3 time DWI loser crossed the median and slamed head on into your wife and daughter. He walked away the wife was decapiated (mercifully) the daughter was pinned and burned to death.
No thanks..not again….second offence…your car is crushed.
Nancy
5:20 pm CST
April 15, 2010
Losing your driving l license is NO punishment, restitution is a better solution. Look at all the folks on our hiways now that have NO license, NO insurance AND NO PUNISHMENT!
The dwi, the uninsured, the illiterate should all have state punishable consequence . All should
be placed under arrest, car towed & not released until fine is satisfied.
Last 2 ‘incidents’ one drove thru my fence (after jumping the ditch) and of course no one was the driver, no one had insurance, no one (of 4 in truck) had valid ID. Police made them repair the damage…….and let them go.
Just my opinion.
CWJensen
10:15 am CST
April 15, 2010
CONSEQUENCES for actions.
Without them we are now less than 8 months from loosing our country and freedom forever.
ILLNESS damn right it is an illness; so is enabling…………………………..we have become a nation of enablers.
UNTIL parents return to tough LOVE and Discipline and we as a Nation DEMAND CONSEQUENCES for actions, things will just continue to deteriorate exponentially.
The vast majority of individual who understood those VALUES will be dead in the next twenty to 30 years.
After that this country will suffer the same fate as the Roman Empire.
Generation 0 has control and Chaos and Anarchy are the reward they can expect for the lack of discipline and consequences that was their heritage.
Thia
8:27 am CST
April 15, 2010
Maybe alcoholism is a disease, but it is a disease the alcoholic brings on him/herself. The consequences of vehicular homicide also include disease for those who lose their loved ones to the thoughtless acts of others. As one who has suffered from PTSD as the result of another’s actions, I can state that whatever punishment the state metes out to DWI offenders, it won’t take away the pain and mental anquish the survivors suffer. I believe the state should make shaming the offender a part of the punishment, but I’m sure the ACLU and the psychiatrists would deem that cruel and unusual.
Concerned
7:36 am CST
April 15, 2010
You’re creating losers who will not be able to keep jobs or cultivate normal healthy relationships for doing things their parents and grandparents generation did with impunity. The person who loses their driver’s license will become a burden on society because we will have to pay their welfare and their children’s welfare. This is a state mandated, court ordered disability we are imposing on people. Driving in Nebraska, a state with virtually no reliable, affordable public transportation is essential to maintaining a job and healthy normal relationships.
Simply increasing severity of penalties simply has not worked to protect people because:
(1) The ubiquitous nature of alcohol – alcohol is available virtually anywhere within walking distance
(2) The ubiquitous nature of motor vehicles – obviously people are trying to have normal lives and can get access to vehicles even when they are restricted to do so by law.The trend has been more and more severe penalties. Increasing severity of penalties will not work. The person with the lifetime ban will find alcohol because it is ubiquitous. The person with the lifetime ban can find a car to drive since automobiles are fairly ubiquitous.
Taking away the most valuable resource for a person to maintain employment and healthy normal relationships because they make poor choices with alcohol is like benning reading privileges from a child who throws their books. Deal with the real issue and allow them to
We live in a world where people can operate a motor vehicle without the use of their legs. We live in a world where people can operate a vehicle using a device that will ensure they are not “under the influence” (greater BAC than 0.08). Require the individual to spend some time in work releasae or on probation, get alcohol treatment, continue to drive to work so we do not have to pay for their welfare/unemployment.
I personally have had my license revoked for 15 years. No one was injured ever. No property damage, nothing. This revocation has made an education that cost a few hundred thousand dollars all in worth about the education of a high school dropout. This revocation has installed risk factors for alcohol abuse, social isolation and potential unempoyment. This is idiotic.
This is a cultural issue. We allow advertisements that glomorize alcohol consumption and partying and are surprised when people do it. Token “drink responsibly” comments in the fine print is not working. It will not work. Roughly one in a million who driver over the limit (probably high estimate) will be involved in a collision. Let’s not ruin the lives of the thousands we actually catch, which likely represent about one in 10,000 who actually get away with it. Simply increasing severity of penalties will ruin more lives by creating losers who cannot keep jobs or families and the statistics for fatal accidents will not go down
Leave a Comment