DUI Courts to Appear in Washington State Universities

The academic rigors of the college life can be exhausting, and in order to balance out this mental exertion many students like to unwind with a few drinks. Whether they are of-age or not, college students can partake in the abundance of alcohol-fueled extracurricular activities that are available to them whenever they need a break. From bars to house parties, the drinking culture surrounding most universities is positively inescapable.

And with the ever-present notion of alcohol consumption looming over college students, it’s understandably difficult for them to resist. And when they do engage, their thin sense of self-control has thoroughly been ignored by about the fifth or sixth drink; the student who was initially determined to have a modest night out with a few drinks becomes determined to black out, instead.

Attribution: lambdachialpha

This ‘all-or-nothing’ type of drinking mindset leads to some obvious dangers. Firstly, it is dangerous to the student’s welfare: 1,700 college students die each year from alcohol-related accidents, with nearly 600,000 sustaining some type of injury. Secondly, the student’s academic success can often suffer from consistent, reckless partying. Finally, the possibility of drunk driving is necessarily higher whenever these activities become excessive. Because of these effects that alcoholism can have on a University’s student body there are new initiatives proposed by the Washington State Senate that aim to control the problems surrounding college drinking.

The legislation proposed by lawmakers would allow universities to host their own DUI courts with the specific role of dealing with student offenses. Currently, student DUI offenses are handled in county or municipal courts, but the bill – SB 5023 – would give the responsibility of dealing with these cases to their respective universities.

Many people are disagreeing with the bill since it allows the university jurisdiction over behaviors that typically occur outside of school boundaries. Most students keep their alcohol consumption off-campus, not to mention most alcohol-related accidents happen in the areas surrounding universities rather than on school property. People are insisting that student DUI cases still be handled in civic courts as they currently are.

At the hearing, there were also other statements that had made some interesting suggestions about college drunk-driving. Representatives of the law-enforcement sector claimed that most students weren’t as concerned about the legal ramifications of a drunk-driving incident as they were about their parents finding out about the offense. This suggests that parental approval might be a more potent deterrent to reckless alcohol-related behavior than the possibility of legal discipline. If this is true, then transitioning legal responsibilities from the city to the schools would be superfluous; if parental influence is the best way to prevent this kind of dangerous behavior, then the location of the court that a student will be tried in is irrelevant.

Attribution: holdenarmstrong

Many in attendance agreed that parents can have the greatest impact on a student’s activity, so installation of an effective way to notify parents of their student’s behavior could help curb the amount of dangerous incidents. One of the most extreme disciplinary actions proposed would involve withholding a student’s diploma if he or she were convicted of a DUI.

More severe preventative measures against drunk driving among students are being sought since officials are claiming to see considerable increases in the blood-alcohol content of arrested students. Students have been known to binge drink (something the government considers to be at least four or five drinks in a two-hour period), but we are seeing that the student definition of binge drinking is far greater. The ‘2.5 drinks/hour’ measurement seems to represent a pretty normal social outing for students – the new definition of a binge is essentially whenever the student is so inebriated that he or she passes out.

This profoundly excessive manner of consumption is why officials are prepared to take more serious actions in combating the dangerous alcohol-related occurrences in college communities. Legislation like SB 5023 aims to control the rampant alcoholism on campuses and, although it may be imperfect, raises a lot of awareness about a problem that needs addressing. Until then, if your student is involved in a DUI/DWI-related offense, an experienced DWI attorney is the best defense against the legal disciplines resulting from such a conviction.

Minor Incident

So Johnny Manziel walks into a bar...

...seriously, he does - or, did. The Heisman trophy recipient was seen in an Uptown bar in Dallas celebrating the way that, well, adults usually do. Not surprisingly, the event caused quite a bit of controversy around the nation, but only until people were reminded that in Texas, this is actually okay.

Texas, having the anomalous little state government that it does, actually does allow minors to consume alcohol in an alcohol-serving establishment as long as their guardian is present. Chapter 106 of The Alcoholic Beverage Code states that as long as the minor's adult parent, court-appointed guardian, or legal-age spouse is 'visibly present', the minor is free to imbibe provided the bar doesn't turn him or her away, first. Here is an excerpt of Section 106.6 from the Texas Alcoholic Beverage Code:

(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

Well how old does the minor have to be? 18? 16 - which is old enough to drive (hopefully not afterward)? Texas actually does not have a very specific definition of a minor in this case. As far as anyone can tell, 'minor' simply means a person who is only under 21. That's it.

You may ask, "don't bars have age restrictions concerning who is allowed to enter the establishment?", and they do; however, they aren't enforced as rigorously as you might think. These restrictions are not actually 'laws' prohibiting patrons under 18 or 21 years of age from going inside the bar; instead, these rules function as more of a marketing decision rather than something that's actually enforced by the TABC (Texas Alcoholic Beverage Commission).

Obviously there was speculation that the only reason that Manziel was allowed the privilege of underage drinking was because of his prodigious athletic achievement, but people were quick to discover that Manziel was operating well within his rights as dictated by the State of Texas. People are also wondering if this very public case-study in alcohol law will lead to an increased number of underage drinkers in public locations. Although this is a definite possibility, I think that most minors' desire to drink alcohol at a bar is not as strong as their desire to avoid being seen with their parents in public.

So, yes - provided a parent, guardian, or spouse is present...Johnny Manziel walks into a bar.

What is the Difference Between DUI and DWI in Texas?

Many U.S. states no longer differentiate between Driving While Intoxicated (DWI) and Driving under the Influence (DUI). One state that still differentiates the two is Texas.

DUI in Texas

In Texas, DUI is used for persons aged below 21. DUI is a class “C” misdemeanor in Texas, not a criminal offense. Being a misdemeanor, you will not face jail time and you cannot pay a fine of over $500.00 (for a first time offender). Note that subsequent offenses attract significant jail time. Other penalties for DUI include probation, alcohol awareness classes, and community service.

In most DUI cases in the state, the Texas Department of Public Safety issues a notice of suspension and tries to suspend the driving license of the minor. The same ALR (administrative license revocation) process used in adult DWI cases is used in license suspension.

The arresting officer does not have to prove that the minor was intoxicated for the case to stick. All the officer has to do is to detect alcohol presence by smelling the alcohol on the minor’s breath.

The state has the burden of proof and it must prove that you were in the motor vehicle and in a public place. Note that if the officer believes your BAC is over 0.08 or that you do not have the use of all your physical and/or mental faculties, you may be charged for DWI. Proceedings are held at municipal court or JP.

DWI in Texas

In Texas, first time DWI offense is a class “B” misdemeanor. This means it attracts jail time as well as a fine. The punishment could be anything between 3 days and 180 days jail and fines of up to $2,000. The driver’s license will be suspended for between 3 months and 1 year, even if there is no conviction. The person might also be required to complete a program. The license will be suspended for a further 18 months for subsequent DWI convictions. $100 has to be paid to get the license back. Proceedings are held at a county court.

DWI is usually used for persons aged over 21. It must be demonstrated that the person had a BAC of over 0.08 and/or that the person did not have the full use of all his/her mental and/or physical faculties while driving.

A person is also said to have committed a DWI offense if the loss of normal use of all physical and/or mental faculties was as a result of drug use or using any other controlled substance, or a combination of drug and alcohol use. DWI is also used when operating a vessel, water ski, or any other vehicle in a public area while intoxicated.

"If you have been charged with either make sure you consult a trusted attorney. You should not represent yourself in these cases." says Kyle Shaw DWI attorney Allen TX

Car Breathalyzers

Car Breathalyzers

The term “car breathalyzer” is often used interchangeably with ignition interlock device. However, most people reserve the term car breathalyzer for devices outside the state-mandated ignition interlocking devices. These devices can be portable, much like what police officers use. Like the ignition interlock device, you blow into the device and it detects if there is alcohol in your breath.

The car breathalyzer uses infrared spectroscopy technology. This technology is more accurate than the fuel cell technology used in ignition interlocking devices.

Why are Car Breathalyzers and Ignition Locks Used?

1) Car breathalyzers and ignition locks are used to ensure the driver does not bring a bottle into the car. By asking for random breath samples while driving, drivers who would drink inside the car are dissuaded.

2) It is a legal requirement in most states to have ignition interlocking devices in a car following a DUI (driving under the influence) or a DWI (driving while intoxicated) conviction.

3) In the U.S., all states had laws permitting the imposition of ignition interlocking devices as sentencing alternatives as of 2012. The device ensures that you cannot drive if you are drunk.

4) You could install an ignition lock or use a car breathalyzer to ensure that your teenagers do not drive under the influence.

5) If you are in the habit of drinking one too many, you do not have to wait to be charged with DUI or DWI to install an ignition lock device or to use a car breathalyzer. You could be saving your life or the lives of your relatives or friends with these devices. This will also help you prevent a DUI or DWI charge that has financial penalties, jail time, and suspension of your driver’s license as penalties.

Ignition Locks

Ignition interlock devices, also called breath alcohol ignition interlock device or BAIID, are devices installed on motor vehicle dashboards and in which the driver must exhale into for the car to start.

The software in the device will analyze the breath for the breath-alcohol concentration and if this is greater than the blood alcohol concentration that is programmed (0.02% or 0.04%), the engine will not start. The BAIID will require other samples at random times after the engine has started.

Most of these devices use ethanol-specific fuel cells for sensors. The logs from the device are stored for downloading or printing out for analysis by the authorities. The sensors are calibrated at 1, 2, or 3-month intervals. If there is a violation, the authorities can impose additional sanctions.

Collin County DWI Court

Last year, according to the Texas Department of Transportation, there were 503 alcohol-related accidents in Collin County, which caused 220 severe injuries and 11 fatalities – a high price for a county to pay for the recklessness of a few individuals. These DWI cases can also put a strain on the court system and cause backlogging. Fortunately for Collin County residents (and maybe for the drunk drivers themselves), Collin County deals with this problem through innovative DWI courts which are designed to not only punish DWI, but prevent recurrence of drunk driving by working to combat the root problem of alcohol and substance abuse in drivers who are likely to become repeat offenders. As McKinney DWI attorney Kyle Shaw states, “Good people make mistakes, I think the DWI and drug courts in Collin County promotes not repeating those mistakes.” This approach provides substantial benefits to the community by preventing future incidents - which keeps the community safer.

So, how does this system work? Once convicted of a DWI, individuals are given the option of joining the voluntary program. If they do, their fines and jail sentences may be probated and community service requirements waived. In exchange, they participate in an intensive probation program to keep them sober for a year. To insure that this happens, they are connected with treatment providers and counselors who help them stay sober. Participants are also required to meet often with their parole officer and appear in court to meet with the judge on a regular basis. They are subject to random urine tests and required to install an alcohol detection systems in their car, while some are also required to wear devices that constantly monitor their skin to detect alcohol consumption, and if participants slip-up or fail to stay sober, their parole can be revoked or they may face jail time. This program, which provides incentive for individuals to stay sober and holds them accountable for their actions, has been successful in lowering the rate of recurrence of drunk driving incidents - keeping Collin County roads safer and even saving lives by preventing accidents in the first place.

The New No Cell Phone While Driving Law

A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operation a motor vehicle.”

The New Law is Here

The House Bill 55, prohibits any use of cell phone in school zone. This means texting and talking. Recently the National Transportation Safety Board wants to ban talking on the cell phone while driving illegal. When talking on the cell phone is basically extinct, the real objective on the law is to ban texting. This also targets everything else we use the cell phone for now, updating Facebook, taking photo graphs of the sunset, playing Angry Birds and so on. Studies suggest, having an engaging passenger in the back seat of the car is equally as distracting to the driver. We all agree, being on your phone or texting while driving is extremely dangerous but the issue remains as personal liberties are being taken away one-by-one. Even if the law was passed it will be extremely hard to enforce. In September 2010 a study of commercial drivers found that an accident is 163 times more likely is a driver is texting, e-mailing or accessing the internet.

The Cell Phone War Continues

There are devices in the market place that scramble cell phone signals. Many colleges in Denmark and Norway are now using the technology on their campuses. Also, logistic companies are requiring a call phone scrambler inside the semis to lower insurance costs. This also raises worry, cell phone scramblers will be required by law in all cars. Maybe even required to receive your license or pass your state inspection. Even though law does change as society changes, what is taking our freedom of cell phone use to far.

Related articles

• The Psychology of Why Government SHOULD Limit Our Use of Cell Phones While We Drive (bigthink.com)
• Ban all cell phones on the road? (gbwendorf.com)