Austin DWI - Texas Laws and How to Stay Safe
Read more articles on Law and Legal Issues.October 9, 2006
Posted by Tiffany Aller
October 9, 2006
Posted by Tiffany Aller
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Making news recently is a crackdown throughout the state of Texas on drunk driving as well as the negligent and harmful behavior that can be punished under the offense of Public Intoxication. While local and state police officers throughout Texas certainly to not want to infringe on personal rights and privacy, it is important that bar, club and restaurant patrons understand the laws enacted by the Texas legislature to protect themselves and others from the harmful affect of over-indulging in alcohol and other controlled substances. It is equally important for bar, club and restaurant managers, servers and bartenders to understand their own liabilities when they fail to limit patrons in their intake. Before finding your own name in a list of Austin DWI offenders, learn what the laws of Texas actually state and how to modify your own behavior to both stay safe and stay out of trouble.
In Texas, the law against over-consumption of alcohol and other controlled substances includes several offenses, including DWI (driving while intoxicated), DUI (driving under the influence) and PI (public intoxication). Enforcement of these as well as adminsitrative regulations is handled by the Texas Alcoholic Beverage Commission, whose agents are sworn State Police Officers. TABC isn’t the only agency that can make arrests and citations for DWI, DUI and PI, however. Local enforcement agencies as well as DPS State Troopers make arrests and write citations on a daily basis. These agencies, often in cooperation with TABC, also run stings on areas with higher incidence of alcohol-related crimes as well as investigate complaints made by citizens against specific locations. Before believing the hype that they are “out to get you”, first take responsibility for your own behavior and learn the laws of the land and proceed accordingly.
In this article, as well as several that will follow, I will explore the laws that govern behavior related to alcohol consumption, as well as what recourse you may have should you find yourself at odds with the law. Because Austin is the capital of this great state, I will focus much of my attention in that region.
You name never has to make the Austin DWI offenders list - you can prevent that from happening by taking just a few simple steps.
First, never ever drink and drive or consume any controlled substance before getting in - or on - your vehicle. Moderation is the key. If you want to enjoy a drink, do so, but be aware of your own limitations. The average human body cannot process more than two drinks per hour or more than five drinks over a three hour period without leading to symptoms of intoxication. Remember that when you are intoxicated, your judgment will be severely skewed. You may believe yourself to be “just fine”, but trust me, you aren’t.
Next, when partying with a group of friends, also designate enough people who will remain sober to get the entire group safely home. It’s amazing that the phrase designated driver has been in our vernacular for so many years with so many people still not buying into this very safe practice.
Finally, remember that you are always accountable for your own behavior, and it doesn’t hurt to look after your neighbor’s as well. Acting like a silly drunk is one thing, but when that silly behavior becomes obnoxious or threatening or can lead to harming yourself or others, whether intentionally or accidentally, you are at odds with the law. Ignore Ron White’s stand in his infamous skit called “Drunk In Public” - while it makes for good humor, it also ignores the fact that “public” extends to being in the bar, not just being outside or on the road. Many laws are written to err on the side of caution, and if a uniformed or undercover officer spots you engaging in what is or could become dangerous behavior, whether you’re in your car, on the sidewalk, or inside the club, they can and most likely will detain you, which can either lead to a citation or an arrest. If your buddies are acting like goofballs, pay attention to their behavior, and if necessary, rein them in before trouble can start, and take them home if necessary. A citation for PI can stem from an action as simple as staggering in the bar if the citing officer has any reason to believe that this action could lead to more dangerous actions. An arrest for DWI can come in the course of a normal traffic stop, if the officer suspects you may not be in full possession of your faculties.
Don’t let your life be ruined by becoming an Austin DWI offender. Take responsibility early and know the facts. Stayed tuned to ArsCompendium for continuing postings on alcohol-related laws and crimes in Texas.
This article is not meant to be construed as legal advice. It is merely an interpretation of Texas laws as well as a common sense guide to avoiding irresponsible behavior.
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