Intoxicated Driving

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Intoxicated Intoxicated DrivingDriving

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

{{What If ?What If ?

Comparison

.357 sig round125 grainWeight-8.1 gramsVelocity-1430 feet per secondKnock Down Power-568 ft pounds

Average American AutomobileMid-Size SedanSize-6.5 feet wide14 feet longWeight-4200 poundsVelocity-103 feet per secondKnock Down Power-294,000 ft pounds

10,83910,839

Same as 1 Airline Crash Same as 1 Airline Crash Killing 207 passengers once a weekKilling 207 passengers once a week

{{What If ?What If ?

Barton's car was traveling 134 mph and his Barton's car was traveling 134 mph and his blood-alcohol content was three times the legal blood-alcohol content was three times the legal

limit when his car struck the Argyle family.limit when his car struck the Argyle family.

Kandace Hull, 33

Autumn Caudle, 13

John Patrick Barton, 30

TEXAS PENAL CODE TEXAS PENAL CODE CHAPTER 49 CHAPTER 49

"Intoxicated" "Intoxicated"

(A) not having the normal use of mental (A) not having the normal use of mental or physical faculties by reason of the or physical faculties by reason of the introduction of alcohol, a controlled introduction of alcohol, a controlled substance, a drug, a dangerous drug, a substance, a drug, a dangerous drug, a combination of two or more of those combination of two or more of those substances, or any other substance into substances, or any other substance into the body; orthe body; or

(B) having an alcohol concentration of (B) having an alcohol concentration of 0.08 or more.0.08 or more.

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

Sec. 49.04. DRIVING WHILE Sec. 49.04. DRIVING WHILE INTOXICATEDINTOXICATED

.(c) If it is shown on the trial of an offense under .(c) If it is shown on the trial of an offense under this section that at the time of the offense the this section that at the time of the offense the person operating the motor vehicle had an person operating the motor vehicle had an open open container container of alcohol in the person's immediate of alcohol in the person's immediate possession, the offense is a possession, the offense is a Class B Class B misdemeanormisdemeanor, with a minimum term of , with a minimum term of confinement of six days.confinement of six days.

(d) If it is shown on the trial of an offense under (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the this section that an analysis of a specimen of the person's blood, breath, or urine showed an person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense the time the analysis was performed, the offense is a is a Class A misdemeanorClass A misdemeanor..

Sec. 49.04. DRIVING WHILE Sec. 49.04. DRIVING WHILE INTOXICATEDINTOXICATED

(1) the person is intoxicated while (1) the person is intoxicated while operating a motor vehicle in a public operating a motor vehicle in a public place; andplace; and

(2) the vehicle being operated by the (2) the vehicle being operated by the person is occupied by a passenger who is person is occupied by a passenger who is younger than 15 years of age.(b) An younger than 15 years of age.(b) An offense under this section is a offense under this section is a state jail state jail felonyfelony..

Sec. 49.045. DRIVING WHILE Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD INTOXICATED WITH CHILD PASSENGER. PASSENGER.

Sec. 49.05. FLYING WHILE Sec. 49.05. FLYING WHILE INTOXICATED.INTOXICATED.

Sec. 49.06. BOATING WHILE Sec. 49.06. BOATING WHILE INTOXICATED.INTOXICATED.

Sec. 49.065. ASSEMBLING OR Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.WHILE INTOXICATED.

OTHER CHAPER 49 OTHER CHAPER 49 OFFENSESOFFENSES

(a)(a) A person commits an offense if the person, by A person commits an offense if the person, by accident or mistake while operating a motor accident or mistake while operating a motor vehicle in a public place while intoxicated, by vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily reason of that intoxication causes serious bodily injury to another.injury to another.

(b)(b) (b) In this section, "serious bodily injury" (b) In this section, "serious bodily injury" means injury that creates a substantial risk of means injury that creates a substantial risk of death or that causes serious permanent death or that causes serious permanent disfigurement or protracted loss or impairment disfigurement or protracted loss or impairment of the function of any bodily member or organ.of the function of any bodily member or organ.(c) an offense under this section is a felony of (c) an offense under this section is a felony of the third degree.the third degree.

Sec. 49.07. INTOXICATION Sec. 49.07. INTOXICATION ASSAULT. ASSAULT.

Sec. 49.08. INTOXICATION Sec. 49.08. INTOXICATION MANSLAUGHTER. MANSLAUGHTER.

Sec. 49.08. INTOXICATION Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person MANSLAUGHTER. (a) A person commits an offense if the person:(1) commits an offense if the person:(1) operates a motor vehicle in a public operates a motor vehicle in a public place andplace and

(2) is intoxicated and by reason of that (2) is intoxicated and by reason of that intoxication causes the death of another intoxication causes the death of another by accident or mistake.(b) an offense by accident or mistake.(b) an offense under this section is a felony of the under this section is a felony of the second degree.second degree.

Second DWI - Class A misdemeanorSecond DWI - Class A misdemeanor

Third DWIThird DWI - 2- 2ndnd Degree Felony Degree Felony

Injury to First Responder - 2nd Degree FelonyInjury to First Responder - 2nd Degree Felony

Death to First Responder – 1st Degree FelonyDeath to First Responder – 1st Degree Felony

Traumatic brain injury that results in a Traumatic brain injury that results in a persistent vegetative state. - 2nd Degree persistent vegetative state. - 2nd Degree FelonyFelony

Sec. 49.09. ENHANCED Sec. 49.09. ENHANCED OFFENSES AND PENALTIESOFFENSES AND PENALTIES

ALCOHOLIC BEVERAGE ALCOHOLIC BEVERAGE CODE CHAPTER 106CODE CHAPTER 106

DRIVING UNDER THE INFLUENCE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL BY MINOR. ALCOHOL BY MINOR.

(a) A minor commits an offense if the (a) A minor commits an offense if the minor operates a motor vehicle in a public minor operates a motor vehicle in a public place, or a watercraft, while having any place, or a watercraft, while having any detectable amount of alcohol in the minor's detectable amount of alcohol in the minor's systemsystem(b) an offense under this section is a Class (b) an offense under this section is a Class C misdemeanor.C misdemeanor.(g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code.

Sec. 106.041. Sec. 106.041.

Sec. 106.02. PURCHASE OF ALCOHOL Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR.BY A MINOR.

Sec. 106.025. ATTEMPT TO PURCHASE Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.ALCOHOL BY A MINOR.

Sec. 106.04. CONSUMPTION OF Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.ALCOHOL BY A MINOR.

Sec. 106.05. POSSESSION OF Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.ALCOHOL BY A MINOR.

Sec. 106.07. MISREPRESENTATION OF Sec. 106.07. MISREPRESENTATION OF AGE BY A MINORAGE BY A MINOR

OTHER OFFENSESOTHER OFFENSES

Addressing The Issues

LAW ENFORCEMENTLAW ENFORCEMENT

Make impaired driving deterrence and enforcement a Make impaired driving deterrence and enforcement a high priority in your agency and in your community.high priority in your agency and in your community.

Understand that impaired driving is a major threat to Understand that impaired driving is a major threat to the public and to police officers specifically.the public and to police officers specifically.

Determine your goals for zero impaired driving in your Determine your goals for zero impaired driving in your community. Also include goals for reducing underage community. Also include goals for reducing underage alcohol possession and DUI arrests. alcohol possession and DUI arrests.

Investigate research-proven enforcement models, new Investigate research-proven enforcement models, new equipment and other resources to accomplish your equipment and other resources to accomplish your agency goals. agency goals.

Use saturation patrols for arrests and publicize Use saturation patrols for arrests and publicize outcomes.outcomes.

LAW ENFORCEMENTLAW ENFORCEMENT

Training and more training. Standardized field Training and more training. Standardized field sobriety testing (SFST) is the cornerstone of DWI sobriety testing (SFST) is the cornerstone of DWI enforcement.enforcement.

Decrease DWI processing time. “Agencies should Decrease DWI processing time. “Agencies should invest in new reporting technology that can invest in new reporting technology that can reduce the time officers spend completing DWI reduce the time officers spend completing DWI arrest reports.arrest reports.

Consider assigning trained officers to take over Consider assigning trained officers to take over the processing of DWI suspects after patrol the processing of DWI suspects after patrol officers make the initial stop.officers make the initial stop.

Take underage drinking prevention and Take underage drinking prevention and enforcement efforts seriously.enforcement efforts seriously.

Team up with community stakeholdersTeam up with community stakeholders

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

Ronald ReaganRonald Reagan

You Provide You Provide AccountabilityAccountability

Deterrence = FinesDeterrence = Fines

Education:Education:Driving Safety Driving Safety

CoursesCoursesTeen CourtTeen Court

Deferred DispositionDeferred Disposition

Which are you?Which are you?

Ray Dittrich SFST Program Manager

Texas Municipal Police Association6200 La Calma Drive Austin TX,

78752ray.dittrich@tmpa.org

Office - 800 / 848 - 2088Office - 512 / 454 - 8900Cell - 512 / 560 - 5080