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Drunk Driving Legislation Proposal


February 03, 2010
Topic: Auto Accidents: Drunk Driving

Drunk Driving Legislation Proposal

At Montes Herald Law Group, LLP, we are trying to work with MADD to get support for new legislation to reduce incidents of drunk driving in Texas. Two sobering facts point to the need for tougher laws against drunk driving in Texas.

  1. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007).
  2. In 2006 alone, NHTSA estimated 1,569 people were killed in alcohol-related crashes in Texas.

We are trying to get a grass roots campaign for support of new legislation that may change those numbers and save lives by trying to prevent drivers who have already been convicted of drug and alcohol related offenses from being sold alcohol.

The Problem: Far too often when you hear a story that a drunk driver killed someone in a wreck, you also hear that the drunk driver had previously been convicted of drunk driving and was on probation for those charges at the time of the wreck. The question is why are people who are on probation for drug and alcohol related charges being allowed to purchase alcohol when the conditions of their probation specifically state that they are not permitted to purchase or to consume alcohol. The answer is simple. Businesses that sell alcohol have no way of knowing that a customer is on probation and is not permitted to purchase or to consume alcohol. As a result, if the customer presents a valid ID, they are able to purchase the alcohol.

The Solution: We need to a way to make it obvious to any seller of alcohol that the person who is purchasing the alcohol is not permitted to purchase or to consume alcoholic beverages. This can be accomplished by enacting new laws that require a change in driver's licenses and identification cards, and the presentment of those forms of identification any time that a person purchases alcohol regardless of his or her age. The fundamental steps that can be taken at little to no cost to the citizens of the State of Texas are:

  1. Require that anytime someone is put on probation for an alcohol or drug related offense, that the terms of probation include a prohibition from purchasing or consuming any alcoholic beverages. This measure is usually already included in terms of most probations involving drugs and alcohol.
  2. Require that to be eligible for probation, any person who is convicted of a drug or alcohol related offense, either obtain a new Texas Identification Card or Driver's License which changes the profile of the identification card to the same profile as persons under the age of 21 years of age and that is marked with the words "No Alcohol." All of the fees for obtaining the new identification would be paid by the offenders.
  3. Require that any person or company that sells, serves or provides alcoholic beverages card each person to whom alcohol is sold or provided regardless of the age of the person who is purchasing or receiving the alcoholic beverage.
  4. Make it illegal to sell, serve or to provide alcoholic beverages to any person who presents an identification card with the words "No Alcohol."

Obviously, this legislation will not stop all drunk driving, but it may cut down on some of the worst offenders, and we believe it is a reasonable and cost effective way of reducing drunk driving incidents and saving lives.

If you agree with us, we would appreciate your joining our Facebook family, and leaving a brief comment that you support this effort. Then, please tell as many of your friends and family to do the same so that we can have some momentum as we continue to try to meet with State Legislators to do something to make Texas a safer place for all of us. After all, Texas deserves to be #1, but #1 in safety. You can find us on Facebook by searching for "Montes Herald Law Group, LLP."


The experienced personal injury attorneys of the Montes Herald Law Group, LLP, based in Irving, TX, represent clients throughout north Texas and statewide, with focus on the Dallas-Fort Worth (DFW) Metroplex and Dallas County, Tarrant County, Denton County, Harris County, Travis County and Baylor County. This includes cities such as Irving, Las Colinas, Valley Ranch, Dallas, Fort Worth, Plano, Arlington, Carrollton, Coppell, Lewisville, Grapevine, Addison, Southlake, Colleyville and the Hurst, Euless, Bedford Heb-mid cities area.

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