Austin DWI Attorney Blog : Austin DWI Lawyer & Attorney : Law Office of Ken Gibson : Texas DUI Defense

San Antonio Express News ran a report last week of a Tarrant County DWI probation program called Felony Alcohol Intervention Project. It is designed for offenders with three or more DWIs.  This program these repeat offenders to accept a “plea bargain for a seven-year prison sentence that is probated to four years.  The goal of the program is to reduce the number of injuries and deaths from alcohol related accidents. Currently, there are 175 probationers with 10 graduates.

 FAIP include the following requirements:

-        10 days jail

-        work 40 hours a week

-        Driver’s license suspense for 6 months to a year

-        random urinalysis

-        counseling and alcohol treatment; including daily meeting for the first 90 days

-        ankle monitor that detects alcohol for the first 90 days

-        attend court weekly for judicial review

-        meet with their probation officer once a week

-        community service at homeless shelters

While this may be good resolution for some folks, it is clearly not a one size fits all solution.  Some case just need fighting, and not just a quick probation outcome.  If this type of programs comes to Austin, we will sure look at on a client by client bases.  Pleading guilty to a felony DWI is always an avenue of last resort.  

The Texas Tribune reported this week that state lawmakers are considering eliminating the Driver Responsibility Program that was created in 2003 “to generate money and discourage unsafe driving.” The program tacks on a surcharge to drivers who get ticketed for various moving violations like driving while intoxicated, driving without insurance and driving without a license. Since inception, “DPS has been unable to collect more than $1 billion in fines they’ve issued” and have clogged Texas courtrooms with people who have failed to pay these fines. Rep. Lon Burman “argued that the surcharge program is unconstitutional because it puts drivers in double jeopardy, punishing them twice for the same offense.”

In hopes to collect on the $1 billion of unpaid fines, DPS has initiated an amnesty program for drivers “whose licenses have been suspended are eligible if they had a surcharge assessed between Sept. 30, 2004 and Dec. 31, 2008, and were delinquent on payments.” The amnesty program runs through April 17.

The Dallas Morning News also had a similar report which added that almost 60 percent of assessed surcharges have not been collected. It is estimated that the state receives $86 million a year in revenue from drivers who are paying the surcharges. And because the Texas Driver Responsibility Program is a large revenue source for the state, Rep. Berman has suggested a tax increase on cigarettes to make up for the lost revenue.   

The Austin Police Department has released its annual compilation of  bars, clubs and restaurants that are most frequently named by motorists who are arrested for DWI.  Police use the information when deciding what areas of Austin to target their enforcement.

Here’s the bar name, the address and the number of motorists who reported having their last drink at the locations for 2009:

J. Blacks, 710 W. Sixth Street - 27 DWI arrests

The Ranch, 708 W. Sixth Street - 22 DWI arrests

Rain, 217 W. Fourth Street - 17 DWI arrests

Maggie Mae's, 323 E. Sixth Street - 16 DWI arrests

Blind Pig, 317 E. Sixth Street - 16 DWI arrests

Oilcan Harry's, 211 W. Fourth Street - 15 DWI arrests

Fado, 214 W. Fourth Street - 15 DWI arrests

Pure, 419 E. Sixth Street - 13 DWI arrests

Cedar Street, 208 W. Fourth Street - 13 DWI arrests

Union Park, 612 W. Sixth Street - 12 DWI arrests

Fuel Nightclub, 607 Trinity Street - 12 DWI arrests

Lavaca Street Bar, 405 Lavaca Street - 12 DWI arrests

Key Bar, 617 W. Sixth Street - 12 DWI arrests

Jackalope, 404 E. Sixth Street - 12 DWI arrests

Sherlock's, 9012 Research Boulevard - 11 DWI arrests

Shakespeare's, 314 E. Sixth Street - 11 DWI arrests

Antones, 213 W. Fifth Street - 11 DWI arrests

Gingerman, 304 W. Fourth St., 10 DWI arrests

Lucky Lounge, 209 W. Fifth Street - 10 DWI arrests

Dizzy Rooster, 306 E. Sixth Street - 10 DWI arrests

The Yellow Rose, 6528 N. Lamar Boulevard - 10 DWI arrests

Charlie's, 1301 Lavaca Street - 10 DWI arrests

Groove, 101 W. Fifth Street - 10 DWI arrests

Ace's Lounge, 222 E. Sixth Street - 9 DWI arrests

Red Fez, 209 W. Fifth Street - 9 DWI arrests

Molotov, 719 W. Sixth Street - 8 DWI arrests

Qua, 213 W. Fourth Street - 8 DWI arrests

219 West, 219 W. Fourth Street - 8 DWI arrests

Six, 117 W. Fourth Street - 8 DWI arrests

Speakeasy, 412D Congress Avenue - 8 DWI arrests

Stubb's, 801 Red River - 8 DWI arrests

Little Woodrow's, 520 W. Sixth Street - 8 DWI arrests

Eddie V's, 301 E. Fifth Street - 8 DWI arrests