My Latest Post on DUI News Blog… What is Fair Punishment on a DWI?

What is Fair Punishment on a DWI? …what about the soccer mom who got carried away with one too many margaritas who will never get arrested again? The hard working young adult who let things slip out of hand out of character at a bachelor’s party? Passing laws on the basis of one’s alcohol level does not legitimately serve the purpose of addressing their propensity to reoffend. The vast majority of first time offenders, despite their alcohol level, will never be arrested for DWI again. As a matter of fact, requiring a person to install an interlock does not affect their... Continue reading →

Gastric Bypass Issues with a DWI

The law in Texas on DWI regarding alcohol is: Are you normal mentally? Are you normal physically? Are you .08 or more at the time of operating a motor vehicle? The problem with folks who have been arrested for DWI and have had gastric bypass, is that their alcohol metabolism does not reflect a normal person’s alcohol metabolism. When the legislature determined that .08 grams of ethanol in 210 liters of breath, or .08 grams of ethanol in 100 milliliters of blood, at the time of operation is illegal, this was a purposeful, calculated amount of alcohol determined to be... Continue reading →