# Texas: Apparently you're NOT serious about DWI's!! **URL:** \ **Category:** The BBQ Pit\ **Created:** [September 6, 2006, 3:20pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643 "2006-09-06T15:20:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [September 6, 2006, 3:20pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/1 "2006-09-06T15:20:49Z")
So there’s this girl at my work. She gets one DWI, then BEFORE her court date for THAT DWI she gets another DWI!! The Judge lets her off with two years probation and community service. A punishment that is usually standard for ONE DWI NOT TWO!! Two months later she gets yet another DWI. So what does the Judge do? Instead of two years probation she now has five. Yeah, that’ll fuck’n teach her!! It’s worked so well in the past. :rolleyes: I mean, what does she have to do? Kill somebody before she goes to prison?? For fucks sake!! All that money you guys (actually me, John Doe Taxpayer) are spending on ad campaigns about “We’re serious; Drive drunk. Goto Jail” is one big fucking joke!! Justice indeed. And this is purely speculative I’ll grant you. But the fact that she’s 20something, thin and pretty had NOTHING to do with your judgment; you fucking, fuck off, joke of a Judge you!! In case anyone’s wondering how she got pulled over in the first place: The first two DWI’s involved a car wreck. (Her fault of course) The third involved her running a red light. So it’s not like she was just a little tipsy on all three accounts; she was plastered!! ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [September 6, 2006, 3:25pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/2 "2006-09-06T15:25:30Z")
[QUOTE=SHAKES] But the fact that she’s 20something, thin and pretty [/QUOTE] I suppose an appropriate punishment would be for me to drive her around. Hey, I’m all about making sacrifices. ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [September 6, 2006, 3:30pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/3 "2006-09-06T15:30:44Z")
Tennessee’s got the same problem, made worse by the Good Old Boy network. And Our Peerless Leaders wonder why we don’t _respect_ the Law. :smack: ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [September 6, 2006, 3:35pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/4 "2006-09-06T15:35:12Z")
Can you tell us more about the circumstances surrounding her arrest and prosecution? A third DWI in Texas should have been a felony with a penalty range of 2 to 10 years in prison. Did she make a plea agreement with the district attorney, or did the judge assess punishment? ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2006, 3:44pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/5 "2006-09-06T15:44:02Z")
[QUOTE=SHAKES] She gets one DWI, then BEFORE her court date for THAT DWI she gets another DWI!! The Judge lets her off with two years probation and community service. A punishment that is usually standard for ONE DWI NOT TWO!! [/quote] Was this the sentence for her first one? Then she only had one at the time. > [@](#): > > Two months later she gets yet another DWI. > > So what does the Judge do? > > Instead of two years probation she now has five. Was this the sentence for the second? Has she had her trial on the third yet? Obviously, I’m unclear on the timing. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [September 6, 2006, 3:44pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/6 "2006-09-06T15:44:47Z")
Oh, wait. Five years probation, so she’s on felony probation. It wasn’t the same judge on all three cases; the first two were county court and the next was district court, and her punishment probably came from the DA at any rate. She has a third degree felony on her record now and has to pay a surcharge of around $4000 a year for three years to keep her drivers license (when she gets it back), in addition to her fine and court costs. If she doesn’t pay and gets caught driving while her license is suspended, or commits any offense or violates her probation in any way, she goes to prison for up to ten years. ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [September 6, 2006, 3:46pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/7 "2006-09-06T15:46:49Z")
The shitfuck who caused a car crash in Sanfermines of this year, crippling at least 3 people (the medical term was “on-site traumatic amputation”) is not a girl. He’s not pretty. He’s in his late 20s. And a lot of people wouldn’t mind if he didn’t leave prison till he’s in his late 60s, or in a pine box due to natural causes - the longest possible sentence in Spain is 40 years. He’d been in a minor accident about 7:30, bumped into another car from behind. When the other driver took out the insurance papers, this guy refused to give him his info; when the other driver called 112 (cops, which would not usually have been necessary), this guy split. He should have taken the highway going North, to get home; took it going South. The cops got several calls about a guy who was weaving all over the southbound lanes. Rammed a “voy y vuelvo”: a van with driver that had been rented by several guys from Madrid, to bring them to Sanfermines (“voy”, I go) and bring them back (“vuelvo”, I come back). He tried to skip the scene in this one, too, but one of the people who’d stopped to help grabbed him and sat his wife and two kids on him. Helluva guy, yessir… ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [September 6, 2006, 3:50pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/8 "2006-09-06T15:50:39Z")
She better make sure that the state changes her drivers license number for her, so that if she ever runs for president those DWIs won’t be coming back to haunt her. ---
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [September 6, 2006, 4:06pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/9 "2006-09-06T16:06:53Z")
[QUOTE=Frank] Was this the sentence for her first one? Then she only had one at the time. [/quote] OK, **Frank** just made me realize I left a part out: For her FIST offense she spent 30 days in jail. After which she was cleared of _those_ charges then for the second offense she got two years probation. Sorry guys, I should have included that in my OP. It’s just that in my vigor; it slipped my mind. > [@](#): > > Was this the sentence for the second? Has she had her trial on the third yet? > > Obviously, I’m unclear on the timing. Yes, her third trail is 5 years probation. To be honest I’m sure there are some other nuances about her case that I’m not aware of. -Because the fact is, we’re not exactly the best of friends. All I do know is: This lady has Three DWI’s and is still able to walk the streets with a basic slap on the wrist. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [September 6, 2006, 4:20pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/10 "2006-09-06T16:20:07Z")
It may seem like a slap on the wrist, but felony probation is no joke. She’ll have to pay absolute assloads of money in fines, court costs, surcharges, and attorney’s fees, and has to keep her nose absolutely pristene for five years. No new charges, no going to bars, not even any drinking at her home, no hanging out with disreputable characters, report to probation regularly, submit to urinalysis, let the probation officer in your house any time he or she wants, be home by curfew, receive mandatory alcohol counseling, court ordered AA meetings, etc. etc. If she screws up in any way, she goes to prison for up to ten years. Not Dallas County Jail, either; big boy prison, as in Texas Department of Criminal Justice. Basically she’s being given one last chance to clean up her life and stay out of the joint. Even if she does, she’s a convicted felon. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2006, 4:29pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/11 "2006-09-06T16:29:17Z")
[QUOTE=SHAKES] This lady has Three DWI’s and is still able to walk the streets with a basic slap on the wrist. [/QUOTE] OK, now I’ve caught up with you. Yeah, at first glance, that does seem light, but **pravnik** makes a good point about there being more to probation than it appears. And I would suspect that had there been bodily injury in any of the wrecks, she’d be in prison now. ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [September 6, 2006, 4:31pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/12 "2006-09-06T16:31:33Z")
[QUOTE=SHAKES] For her FIST offense [/QUOTE] _—snicker—_ How thin and pretty is she, again? 😉 Anyway, [it’s not just Texas](http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=dui04m&date=20060904&query=drunk) that has this problem. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 6, 2006, 4:34pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/13 "2006-09-06T16:34:15Z")
[QUOTE=pravnik] not even any drinking at her home. [/QUOTE] Really? Someone mentioned something like this to me before and it boggles my mind. How does the state have any right to tell you what you can or can not do in your own home? ---
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [September 6, 2006, 4:35pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/14 "2006-09-06T16:35:59Z")
[QUOTE=Cervaise] _—snicker—_ How thin and pretty is she, again? 😉 . [/QUOTE] Note to self: “Do NOT rely on spell check to catch every mistake…” (Repeat) 😃 ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2006, 4:37pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/15 "2006-09-06T16:37:58Z")
[QUOTE=adam yax] Really? Someone mentioned something like this to me before and it boggles my mind. How does the state have any right to tell you what you can or can not do in your own home? [/QUOTE] Because she’s on probation. Once you’ve broken the law, you’ve pretty much given yourself into the power of the state. ---
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [September 6, 2006, 4:40pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/16 "2006-09-06T16:40:30Z")
[QUOTE=adam yax] Really? Someone mentioned something like this to me before and it boggles my mind. How does the state have any right to tell you what you can or can not do in your own home? [/QUOTE] I know of a guy who has to go downtown every day in front of an officer (or what ever they are) and pop a pill. Said pill will make you violently ill if you consume any alcohol. I wish I could remember the name of that pill. ---
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [September 6, 2006, 4:44pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/17 "2006-09-06T16:44:57Z")
[QUOTE=adam yax] Really? Someone mentioned something like this to me before and it boggles my mind. How does the state have any right to tell you what you can or can not do in your own home? [/QUOTE] You don’t have to abide by their rules, you can serve the sentence in prison and come out and drink all you want. When you are on probation or parole, you have to follow some strict rules as a condition for not going to (or returning to) prison. Just like not being in the company of people who are drinking. It’s not illegal for me to drink or have alcohol in my house, but you can’t come over to my house if I do. That’s a term of your probation, probation is an alternative to prison. Don’t like the rules? Just serve the prison time and the state is done with you. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [September 6, 2006, 4:47pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/18 "2006-09-06T16:47:16Z")
> [@](#): > > Said pill will make you violently ill if you consume any alcohol. > > I wish I could remember the name of that pill. In our family, her name was “Grandma.” “The Good Book in her left hand, and a rolling pin in her right,” in the words of Vince Gill. 🙂 ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 6, 2006, 5:03pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/19 "2006-09-06T17:03:56Z")
[QUOTE=SHAKES] I wish I could remember the name of that pill. [/QUOTE] WAG, is it Antabuse? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [September 6, 2006, 5:16pm UTC](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643/20 "2006-09-06T17:16:13Z")
You know, I am all in favor of giving Judges complete sentencing authority for 1st offense drunk driving. Hell, there _are_ extenuating circumstances (the old “drunk but fell asleep behind the wheel of a running car” seems to be DUI in many areas). But the second should be no driving for a decade (at least, but only if you go through many hoops), with your vehicle being taken out of your control (you have to sell it, or if it is jointly your wife’s she has to sign a contract saying she’ll never let you behind the wheel on threat of confiscation and criminal charges)- at the very least. [Next page](https://boards.straightdope.com/t/texas-apparently-youre-not-serious-about-dwis/371643.md?page=2)