Friday, April 10, 2009

DWI/DUI - Mandatory 90 days - First Offense?

I was listening to a talk show this morning and they were discussing DWI/DUI and suggested that the laws change to immediate 90 days in jail for the first offense. I’m not sure what the law entails now besides a one night stay in jail, but I believe they do not suspend the license until the 2nd offense. (Actually, I couldn’t handle not knowing Texas’ law on the subject so I looked it up and pasted the information below.) The callers couldn’t understand why the radio hosts were so adamant on the change. They were discussing the young 22 yr old pitcher, Nick Adenhart, who was killed yesterday as a drunk driver broadsided his vehicle and 3 people died in the accident. What are your opinions?

First Texas DWI Offense: Texas Criminal Status: Class B Misdemeanor

Jail: Minimum 72 hours, or 6 days if open container is present.

Texas DWI Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need.

Violation of Zero Tolerance Law: N/A

Texas Conditional License: A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.

Vehicle Impound: None

Texas DWI School: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: 24 hours required, but no more than 100 hours. Second Texas DWI Offense Plus: Texas Criminal Status: Class A Misdemeanor. A 3rd DUI is a 3rd degree felony.

Jail: 72 hours, not more than 1 year. A 3rd DUI can mean 2-10 years in the penitentiary.

Texas DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

Texas License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need.

Vehicle Impound: None.

Texas DWI School: Repeat offenders must complete a 32 hour DWI Repeat Offender Program.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: Minimum 80 hours, but no more than 200 hours. Other: DWI and Driving with Minor: It is a felony to drive while intoxicated with a minor younger than 15 years of age in the vehicle.

Commercial Vehicle: Over .04 BAC level may suspend a commercial driver’s license for one year and up to 3 years if the driver was carrying hazardous materials.

Under Age: 21

Texas DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

Texas Open Container Laws: Yes, driver and passenger. This is a Class C Misdemeanor.

How long does a DWI stay on your record? A DWI conviction in Texas stays on your driving record forever.

Driver Responsibility Tax: TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for three years for a second DWI offense and $2,000 for a first or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).

Ignition interlock device program: Required in order to be released from jail on bond. Required for all second-offenders during probation.


DUI-Insider said...

I have been following the whole debate over the Texas roadblocks that passed the Senate. Here, in this case you mentioned in your blog, is more fuel for that fire. Personally, I think Texas DWI penalties are harsh enough. If someone has a problem with judging when they are intoxicated or not or an alcohol problem, no amount of time in jail is going to help them learn that.

I don't know what the solution is, but with jails already overcrowded, it seems silly to throw a bunch of people who were just barely over .08 in with hard criminals for 90 days. Electronic home detention might be more fitting.

Anonymous said...


I know for a fact that this is a bit off topic but I am from an Islamic country in witch alcohol is banned, therefore, we don't have problems with DUI are DWI offenses. Can it be that solution may be the banning of alcohol, sense there seems to be a problem with drinking in moderation and responsibility in America? I mean, if you don't start somewhere, you'll get nowhere. People in the U.S. can't seem to control their drinking habits here so maybe someone needs to control what is habit forming.

hollybeth75 said...

Dark Mujajideen. Most free people in America don't want the government to control us and treat us like second class citizens with no rights. If we didn't we wouldn't be the most powerful country in the world with everyone trying to come here. So you can keep your Islamic oppression to yourself thank you very much. We want to be able to make our own choices, make our own mistakes, have our own freedom to do what we want to do and don't need the government to rule over us with an iron fist. We don't want a monarchy, we don't want communism and we don't need that nonsense "solution" you're spewing in your response. You may not have "a problem with alcohol" but you certainly have a trade off of other problems because of the oppression you have because of the lack of freedom. NO THANKS!

Anonymous said...


I'd say "with all due respect" but there is no respect due... So let me guess, you are one of the so called FREE people you are speaking of, correct? Despite the fact that your response to my comment/post on my friends blog was both hostile and childish, I'm going to let you in on a little secret. Your sense of "freedom" is both warped and baseless... Your government takes more rights from you EVERYDAY, with the signing of bills they never even read than you can shake a stick at.

There are empty F.E.M.A. works camps, all across America for people that don't agree with the coming government's policies and practices. I am sure that you won't end up in one of them, given the fact that you sound like a Bush clone... Let me tell you what it costs to have your so called "freedom", Holly. My people are dieing by the hundreds of thousands so you can watch American idol and complain about gas prices. Your freedom is a farce, Holly...

You are "told what to do" by your government without even knowing you are told, silly. I bet you buy all of the latest tech, listen to and sing the latest songs and you probably want to wear the latest styles because you sound like a freedom bot. As far as the Gov. not treating you like a "second class citizen", let me assure you that if you are not one of the "Elitist", you are indeed a "second class citizen". You may even be a 3rd or 4th class citizen, unless you have a $500,000 house with a private driveway? No? I thought not... Welcome to the 3rd or 4th class, Holly...

Your idea of freedom is a sad illusion that I wish so many so called "Americans" would snap out of. Freedom isn't free, you cheap skate. Freedom is earned and with YOUR freedom you choose to back the free use of one of the most insidious drugs on earth but it's something your Gov. CAN tax so why not, right? Let's just sit back and watch CSI while more families are torn apart by your freedom alcohol and while we are at it, let's make cocaine and weed legal because the Gov. shouldn't have any control over us, Holly...

You don't want the Gov. to control you because you don't fully understand how your Gov. works. You think alcohol is legal because the 'powers that be' want you to have just a little freedom, right? Wrong. You probably voted for Bush and you think that the war in Iraq is just too, don't you?

Yeah, I've dealt with your type before and have embarrassed each and every one of them so it's best that you just stand down, Holly... My "Islamic oppression" is far more peaceful and makes a lot more since than your patriotic babble... You wave your meaningless stripes and stars while more babies are killed in drunk driving accidents, Holly...

After you get over your hard earned hang over, wake the fuck up!

hollybeth75 said...


You are so right. America is a horrible place. Let me pack my iPod and laptop up right now and move to the middle east where the islamic people like you live so I can be among the correct people who have it right. Hopefully nobody will chop my head off like they do to their women. Ok I'll just keep it covered and stay inside so nobody has to deal with me. You're just not used to women with strong opinions especially if they are different than yours. I guess you're used to women who are their husbands slaves. Well don't track me down and blow up my car now. I can see I've really upset you. You ignorant mother fucker.

Anonymous said...

OH, how very ignorantly republican of you to try to fit EVERY single Muslim stereotype you could into your one, repugnant response, to mask your stupidity... A typical response from the uneducated, fear monger... It would take a lot more than ANYTHING you can dish out to make me even slightly angry. Sit down, my blind, gullible snake, let me educate you.

First of all, you sited things that were CULTURAL and not RELIGIOUS. That being said, Americans have the blessing of being electrocuted, shot up with a fatal dose of chemical and hung for their crimes, only to be found innocent, 10 years after their deaths, right?

Concerning Muslim women, my mother is not only a Muslim but an educated, well spoken, out spoken, beautiful, free thinking, kind, bold, steadfast, God fearing woman of the South who, may I add, is PROUD to be a modestly dressed woman of Islam. You go on ahead and cheer on the shamefulness of Britney and Beyonce', oops I mean freedom to be slutty and a perfect example for teen girls everywhere.

Name ONE Muslim woman that is ashamed of being Muslim... You can't because you are too ignorant, scared and blind to even approach a Muslim of any sex. Let me assure you that you'll not find one, no matter how hard you browse the net... I happen to know SEVERAL and i love them all for the sake of Allah(swt). Talk what you know, Cow.

I hear tell that we Muslims chop the heads off of our women... The only so called Islamic country to do that was detested by Muslims for decades... What country? Oh, Saudi Arabia, the only OTHER country (besides the illegal state of Israel) that holds hands with the U.S. It has the worst humanitarian policies in the world and your beloved America is in bed with them... Sorry for your luck.

It seems as if your ignorance is only matched by your lack of intellect... I don't know ONE Muslim woman that stays in the house... You don't know one either, do you? Again, talk/type what you know or keep it moving.

As far as someone having a difference of opinion to my own, I am more than open to debate but I'll not be disrespected without warrant and then stand idle... Are you daft or just a Bush clone like I pointed out before?

You joke about your car being blown up but at least you don't have to worry about me:

1)tapping your phone.

2)tracking you down based on only your faith and race.

3)illegally kidnapping you, imprisoning you on an Island my country attained illegally.

4)torture you to make the blind citizens of my country feel better about an illegal war that was based on a lie that is also killing hundreds of thousands of your people.

5)lie about my tutoring you, later admit that I was tutoring you, only to destroy the tapes of me tutoring you because the world said it went against the Geneva conventions agreements and my country wanted me to maybe be impeached for tutoring you.

6)release what is left of you out of my island prison (not admitting, of course, that I have several secret, illegal torture prisons around the world)

7)Then when you do an interview about what went on in that prison, you are investigated again and threatened to keep your mouth shut.

Did I forget the shame Abu ghraib, the fact that 9-11 was committed by the U.S., that even if 9-11 were committed by 19 angry Muslims, most of those men were from SAUDI ARABIA (a country that we are not at war with because more of your land belongs to them than the Fed. Gov.), the fact that Zionists really run everything and that people like you would make my poo hard, if you weren't so damn sad? Educated yet? I just put your ignorant ass in the fetal position.

Anonymous said...

Forgive the typos!

hollybeth75 said...


I can see you get all your information from Michael Moore. If you really believe all that crap you just spewed out then why don't you just go to the "peaceful" middle east where everything is so great according to you. I hear Osama Bin Laden has a job opening right now for suicide bombers. That might be a good fit for you because I hear when you get to heaven there's a whole gaggle of virgins up there waiting. Sounds fantastic.

Tanja said...

I think that both hollybeth and mujahideen are a bit misguided and stereotypical. To group all of Islam and Muslims together as hateful and women enslavers is just as irresponsible and ignorant as saying someone with hollybeth's views must be Republican or a Bush clone. Neither one of you speaks for the Republican's or the Muslim faith. The greatest thing about this country that both of you fail to highlight is the freedom to spew the ignorance that is coming from both of you. Stop being so defensive and hurtful and be willing to listen to a different point of view.

Anonymous said...


I've finally pegged your disease and it's not the swine flu... Your are a sworn, uncut, sad but proud racist... I thought that maybe you were just misinformed at first but I see that you are just idiotic and a throw back from the 1800's... I'll keep you in my prayers.

I was going to enlighten you even more but I've decided that I'm not even going to waste my time on a racist. However, I will tell you that what you call CRAP, free thinking people call FACTS. Facts are what I deal in and I want you to prove me wrong on any of them... I know that it is most difficult for a racist to think past their beak like noses but try. It would be interesting and entertaining to see you clamber for facts that don't even exist..

Only the Shia' Muslim (and only in one region) thinks that if he dies in battle, there will be virgins in Heaven waiting for him... A lie told by tribal leaders with no morals to get young men to fight against a bigger forked tongued lier (the USA&co)... Try to find that lie in the Qur'an? It's not in there, my scaly pupil..

It's funny that you mentioned Osama Bin'Laden... What he does is none of my business and can't be blamed on Islam. That's like blaming the murder of over 100,000 Muslims on Christianity, just because Bush/America committed it... Osama, however, is just another pawn in the game of big business and Zionist rule... It's funny that the ONLY crime he is not wanted for on his 'FBI most wanted' page is the one he is most famous for,... 9-11...

Why do you think that is? Hmmmm. Copy and paste the link! You tell me why he isn't wanted for it...

It's always a pleasure to see the uneducated and blind try to slander, slime and slip their way through a dispute or debate... You've taken many stabs at my faith and usually I'd become agitated because I LOVE my faith but you've only served to make yourself and others that are liked minded look worst than they already do... Take a bow!

I'll not let you turn this fine lady's blog space into a battle ground or a soap box for your blatant idiocy so if you have anything else to say, write me at and we can continue our one sided debate there... You need God(swt)... I'd like to thank the creator of this blog for hosting this debate, despite it being chocked full of racism and slander... Thank you.

Anonymous said...

Tanja, I said she MUST BE a Bush clone because she rattles the same spear that he does... Holly was adamant I'm not claiming to "SPEAK FOR THE MUSLIMS" but I stand and speak up for myself and I WILL defend Islam from slander, as is my duty...

It was very chivalric of you to try to,... moderate but there is no need... It wasn't even a debate... She slandered my faith, said dirty things about it and it's not just my duty but my humble pleasure to defend my faith and the people that practice it from the words she used... I'm not asking you to pick sides... This is not the playground... Peace...

Anonymous said...

Again... the typos are many... forgive me... I type with an injured hand...