{ Intoxicated Driving “They are probably going to set four billion bond, so you got that in your wallet?” – John P. Barton

{ What If ?

Comparison.357 sig round 125 grain Weight- 8.1 grams Velocity feet per second Knock Down Power- 568 ft pounds Average American Automobile Mid-Size Sedan Size- 6.5 feet wide 14 feet long Weight pounds Velocity- 103 feet per second Knock Down Power- 294,000 ft pounds

10,839 Same as 1 Airline Crash Killing 207 passengers once a week

{ What If ?

Barton's car was traveling 134 mph and his blood- alcohol content was three times the legal limit when his car struck the Argyle family. Kandace Hull, 33Autumn Caudle, 13 John Patrick Barton, 30

TEXAS PENAL CODE CHAPTER 49

"Intoxicated"  (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or  (B) having an alcohol concentration of 0.08 or more.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours Sec DRIVING WHILE INTOXICATED

.(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.  (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Sec DRIVING WHILE INTOXICATED

 (1) the person is intoxicated while operating a motor vehicle in a public place; and  (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.(b) An offense under this section is a state jail felony. Sec DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

 Sec FLYING WHILE INTOXICATED.  Sec BOATING WHILE INTOXICATED.  Sec ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. OTHER CHAPER 49 OFFENSES

(a) A person commits an offense if the person, by accident or mistake while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (b) (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.(c) an offense under this section is a felony of the third degree. Sec INTOXICATION ASSAULT.

Sec INTOXICATION MANSLAUGHTER.  Sec INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:(1) operates a motor vehicle in a public place and  (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.(b) an offense under this section is a felony of the second degree.

 Second DWI - Class A misdemeanor  Third DWI- 2 nd Degree Felony  Injury to First Responder - 2nd Degree Felony  Death to First Responder – 1st Degree Felony  Traumatic brain injury that results in a persistent vegetative state. - 2nd Degree Felony Sec ENHANCED OFFENSES AND PENALTIES

ALCOHOLIC BEVERAGE CODE CHAPTER 106

DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR.  (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system  (b) an offense under this section is a Class C misdemeanor.   (g) An offense under this section is not a lesser included offense under Section 49.04, , or 49.06, Penal Code. Sec

 Sec PURCHASE OF ALCOHOL BY A MINOR.  Sec ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.  Sec CONSUMPTION OF ALCOHOL BY A MINOR.  Sec POSSESSION OF ALCOHOL BY A MINOR.  Sec MISREPRESENTATION OF AGE BY A MINOR OTHER OFFENSES

Addressing The Issues

LAW ENFORCEMENT  Make impaired driving deterrence and enforcement a high priority in your agency and in your community.  Understand that impaired driving is a major threat to the public and to police officers specifically.  Determine your goals for zero impaired driving in your community. Also include goals for reducing underage alcohol possession and DUI arrests.  Investigate research-proven enforcement models, new equipment and other resources to accomplish your agency goals.  Use saturation patrols for arrests and publicize outcomes.

LAW ENFORCEMENT  Training and more training. Standardized field sobriety testing (SFST) is the cornerstone of DWI enforcement.  Decrease DWI processing time. “Agencies should invest in new reporting technology that can reduce the time officers spend completing DWI arrest reports.  Consider assigning trained officers to take over the processing of DWI suspects after patrol officers make the initial stop.  Take underage drinking prevention and enforcement efforts seriously.  Team up with community stakeholders

{ "We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions." Ronald Reagan

You Provide Accountability Deterrence = Fines Education: Driving Safety Courses Teen Court Deferred Disposition

Which are you?

Ray Dittrich SFST Program Manager Texas Municipal Police Association 6200 La Calma Drive Austin TX, Office / Office / Cell /