Here’s a fact you rarely hear: Texas is #1 in the U.S. for deaths caused by intoxicated drivers. Any one loss of life is tragic. Our figure of 886 is abysmal. So yesterday’s announcement by the Tarrant County District Attorney’s office that every weekend will now become a “No Refusal” weekend is certainly good news. Hopefully, the chances of being the victim of a Tarrant County DWI accident will be curtailed starting this Friday night.
In the past, only a few weekends each year were designated as No Refusal Weekends, including New Year’s Eve, Super Bowl, Labor Day, and several others when it was known there would be more DWIs than usual. But Dallas, San Antonio, and other cities and counties have cracked down on DWIs on every weekend for years.
Currently in Tarrant County, if someone is stopped due to a police officer’s suspicion that they are driving while intoxicated, they can refuse to undergo a breathalyzer or field sobriety test and be arrested. Texas is an “implied consent” state, meaning that a driver is presumed to have given permission to being tested by being issued a driver’s license.A skilled lawyer can have the charges reduced or dismissed. Criminal defense lawyers in Tarrant County stay busy handling over 6,000 DWI charges filed last year.
During No Refusal weekends, the officer immediately takes the suspected drunk driver to a police station. A magistrate is waiting to sign a search warrant and a nurse immediately draws blood and/or obtains a breath sample. This speeds up the process, which is critical since the longer it takes, the lower the driver’s blood alcohol content becomes.
Once the lab confirms that the .08% grams of alcohol per deciliter of blood threshold has been achieved, prosecutors obtain a 90% guilty verdict or plea bargain rate.
North Texas is the epicenter of Texas drunk driving – which is saying a lot. If you add up Tarrant (1,534 DWI crashes), Dallas (2,191), Denton (545) and Collin (569) Counties, there were close to 5,000 DWI accidents last year just in these four counties. This is far higher than any other area, including Houston and its surrounding counties. Check out this map: counties with most DWI crashes
We have to stop the madness.
Alcohol (and drugs) reduces the ability of the brain to function properly. It impairs vision, judgment, hand-eye and muscle coordination, and balance. Alcoholic beverages reduce the ability to perceive moving vehicles and judge their distances and speeds, basic requirements of driving safely.
There is a direct correlation between the amount of alcohol and the effects on the central nervous system. It is quickly absorbed into the bloodstream through the walls of the intestine.
Criminal and civil courts use blood alcohol concentration levels for different purposes.
While criminal courts exact punishment in jail sentences, fines, and loss of rights, civil courts enable the victim and their family to receive monetary compensation for their damages.
The country is facing multiple crises and perhaps, you might think that DWIs are not a big deal or can be overlooked because they won’t affect you.
But consider these startling facts:
DWIs and DUIs are out of control in North Texas. Increasing No Refusal weekends is a step in the right direction.
But our legislators, law enforcement and courts must do more to stem the epidemic, including the following:
His law firm is filing a lawsuit on behalf of the family of a man who was horribly killed by a drunk driver last week. He is handling several others including this case and has represented many other victims and their families over the past 40 years.
He is unfortunately all too familiar with the devastation and hardship that any car wreck can cause, but knows that a Tarrant County DWI accident can be horrific.
Mr. Berenson has advocated for year-round No Refusal weekends and stronger DWI and traffic safety laws for years. He has served for years on the Mothers Against Drunk Driving (MADD) advisory board of directors for North Texas and supported this worth-while organization whose motto is “no more victims.” MADD lobbies state legislatures to enhance drunk driving laws, supports victims and their families, and raises public awareness of this menace.
Here are two posts Mr. Berenson has written for MADD’s blog:
Fort Worth injury attorney helps get drunk driving message out
Pandemic has not stopped DWI epidemic
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