By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal
Here’s an interesting commentary on a new proposal that may make it’s way to Austin next year. The concept, dubbed by the media “DWI Lite,” basically criminalizes driving with even less alcohol in your system than what would normally be a DWI. They call it between 0.05 and 0.08 bac.
Of course they don’t have admissible breath tests on the side of the road which will mean that an officer can arrest virtually anyone that has alcohol on their breath. And I’m curious to know… are there studies out there that suggest that the dangerous drivers are the ones between 0.05 and 0.08? I truly don’t know if there is or if there isn’t, but it seems to me that the legislature could be “cracking-down” for the sake of… well… cracking-down.
Also what is ironic to me is that if you hear prosecutors during jury selection, examining witnesses, and during jury argument — they’re good at convincing people that 2 beers = drunk driver as it is. The legal standard is, “not having the normal use of your mental or physical faculties” and they’ve argued for years that even the slightest loss of mental or physical coordination means someone is guilty. By my logic, wouldn’t that make this new idea for “DWI Lite” redundant?
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice on an specific matter you should directly consult an attorney.