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DWI… is it really a crime?
“DWI… is it really a crime?” This is the question that might be posed by some members of the public after a statement by a defense attorney in response to a Tarrant County district judge having been arrested for DWI. The attorney stated, “DWI’s are quasi-crimes in that there is no intent.”
However, my question is this: “Are you crazy?”
Of course, DWI is a real crime with real punishments! It is found within Chapter 49 of the Texas Penal Code. While it is true that the crime of DWI (Driving While Intoxicated) does not require a specific mental state unlike many other crimes, it is not a “quasi-crime.” It is a very real whole crime. Indeed, it is a violent crime. In fact, the crime of DWI is much more likely to impact you and your loved ones more than any other crime.
DWI is the most frequently committed violent crime in our country. One American life is lost every 20 minutes in alcohol related auto crashes. It is estimated that one out of every two Americans will be involved in an alcohol related accident in his or her lifetime. In our very own state, it’s even worse. In Texas, DWI is committed more frequently than in any other state. According to the National Highway Traffic Safety Administration (NHTSA), almost 1300 people were killed in alcohol-related crashes in Texas in 2007, and thousands were injured. More people are dying as a result of alcohol-related crashes in Texas than in any other state in our country. The percentage of crashes which are alcohol-related in Texas (45 percent) is far above the national average (39 percent).
We are fast approaching the Christmas holidays. The statistical data tells us that folks are more likely to drive while intoxicated during the Holiday Season than during other times of the year. We can speculate about why this happens… but the reasons really don’t matter. What does matter is this: each person must do their part by not driving at all when they have recently consumed any alcoholic beverages or have recently taken any prescription medications which may cause drowsiness.
Yes, DWI is a real crime which carries real time. The first offense will get you up to 180 days in jail and a fine up to $2000.00. Your driver’s license will be suspended for up to one year. Your second offense carries up to a year in jail and a fine up to $4,000.00. You’ll also lose your driver’s license for up to 2 years. The third offense is a felony. You’ll be looking at 2-10 years in prison and a fine up to $10,000.00 in addition to a driver’s license suspension ranging up to 2 years. Also, if you cause serious bodily injury or death as a result of DWI, you’re facing a sentence of many years in prison even if it’s your first intoxicated driving offense. And these punishments do not even take into account the extreme risk of death and injury to your loved ones, the general public, and even yourself when you drive while intoxicated.
During my tenure as your District Attorney, as the direct result of people who drove while intoxicated, I’ve often seen the dead and mangled bodies, the serious injuries, the shattered dreams, and the profuse tears of the heart-broken survivors. Not one of the persons who caused that mayhem intended to kill or injure someone. But the results are still the same… and just as deadly and horrific.
“DWI… is it really a crime?” You bet it is! Think about that before you decide to get behind the wheel of a vehicle which weighs thousands of pounds after you’ve had a beer or two or prescription meds which cause drowsiness. It doesn’t matter that you don’t intend to hurt anyone or to violate the law. The results are the same. And you will be responsible for those results… and you alone.
Meanwhile, stay safe!
However, my question is this: “Are you crazy?”
Of course, DWI is a real crime with real punishments! It is found within Chapter 49 of the Texas Penal Code. While it is true that the crime of DWI (Driving While Intoxicated) does not require a specific mental state unlike many other crimes, it is not a “quasi-crime.” It is a very real whole crime. Indeed, it is a violent crime. In fact, the crime of DWI is much more likely to impact you and your loved ones more than any other crime.
DWI is the most frequently committed violent crime in our country. One American life is lost every 20 minutes in alcohol related auto crashes. It is estimated that one out of every two Americans will be involved in an alcohol related accident in his or her lifetime. In our very own state, it’s even worse. In Texas, DWI is committed more frequently than in any other state. According to the National Highway Traffic Safety Administration (NHTSA), almost 1300 people were killed in alcohol-related crashes in Texas in 2007, and thousands were injured. More people are dying as a result of alcohol-related crashes in Texas than in any other state in our country. The percentage of crashes which are alcohol-related in Texas (45 percent) is far above the national average (39 percent).
We are fast approaching the Christmas holidays. The statistical data tells us that folks are more likely to drive while intoxicated during the Holiday Season than during other times of the year. We can speculate about why this happens… but the reasons really don’t matter. What does matter is this: each person must do their part by not driving at all when they have recently consumed any alcoholic beverages or have recently taken any prescription medications which may cause drowsiness.
Yes, DWI is a real crime which carries real time. The first offense will get you up to 180 days in jail and a fine up to $2000.00. Your driver’s license will be suspended for up to one year. Your second offense carries up to a year in jail and a fine up to $4,000.00. You’ll also lose your driver’s license for up to 2 years. The third offense is a felony. You’ll be looking at 2-10 years in prison and a fine up to $10,000.00 in addition to a driver’s license suspension ranging up to 2 years. Also, if you cause serious bodily injury or death as a result of DWI, you’re facing a sentence of many years in prison even if it’s your first intoxicated driving offense. And these punishments do not even take into account the extreme risk of death and injury to your loved ones, the general public, and even yourself when you drive while intoxicated.
During my tenure as your District Attorney, as the direct result of people who drove while intoxicated, I’ve often seen the dead and mangled bodies, the serious injuries, the shattered dreams, and the profuse tears of the heart-broken survivors. Not one of the persons who caused that mayhem intended to kill or injure someone. But the results are still the same… and just as deadly and horrific.
“DWI… is it really a crime?” You bet it is! Think about that before you decide to get behind the wheel of a vehicle which weighs thousands of pounds after you’ve had a beer or two or prescription meds which cause drowsiness. It doesn’t matter that you don’t intend to hurt anyone or to violate the law. The results are the same. And you will be responsible for those results… and you alone.
Meanwhile, stay safe!
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