Proposed state bill focuses on first-time DWI offenders

A new bill could require that first-time DWI offenders in Texas submit to breathalyzer tests before they can start their cars.

Proposed on Nov. 8 by Rep. Todd Smith, R-Euless, H.B. 189 states that judges may grant first-time offenders deferred adjudication, or delayed judgment on a charge, as long as the offender was not driving with a child younger than 15 and the offender did not injure or kill another person while driving.

If first-time offenders are granted deferred adjudication, they would be required to install ignition interlocks in their cars and possibly undergo rehabilitation to prevent them from driving under the influence during their probation periods.

Mothers Against Drunk Driving (MADD) has publicly voiced its support for the bill since its proposal.

Toni Logan, spokesperson for MADD, said other DWI bills have been proposed in the past, but MADD did not support them because they lacked the distinctions of the new bill.

“We felt like those were the things missing [from the other propositions] to protect everyone—both the offender and the people on the streets,” Logan said.

Logan said the new bill has the ability to ensure that judges assess what is needed to change a person’s behavior and can require mandatory rehabilitation, such as Alcoholics Anonymous.

With the new legislation, the DWI charge would not be removed if an individual was granted deferred adjudication, according to Logan.

The bill states that a deferred adjudication for driving a car (or a boat or plane) under the influence “is considered a conviction for purposes of enhancement of penalties.”

Logan said the bill would ensure DWI charges stick to repeat offenders’ records.

“In the court system, one thing we see a lot of is charges reduced so it doesn’t show a DWI. There are multiple offenders out there who don’t have anything on their records. That’s not helping them to address underlying behavior,” Logan said. “This [bill] should be a really good alternative.”

Sgt. Tim Kresta of the Austin Police Department’s DWI team said DWI laws change almost every other year, from slight modifications to major alterations.

“There’s always things that get pushed every time,” Kresta said. “Last time it was the mandatory blood drawing law.”

According to the Texas Legislature website, the House and Senate must vote on the bill before it becomes law. If the bill becomes law, it would be effective on Sept. 1.