Texas law regards driving while intoxicated (DWI) as a serious matter. A third DWI offense is a felony in Texas, and once you hit four DWIs or more, the punishments become even more serious. There are people in Texas who have gotten nine or more DWIs; there are also people in Texas serving life sentences for drunk driving. In 2016, Ralph Alfred Friesenhahn was convicted of DWI for the fourth time, and instead of going quietly off to prison, he appealed his conviction on the grounds that it is unfair for the law to require alcoholics to maintain a low blood alcohol content (BAC).
Ralph Friesenhahn and the Blood Alcohol Content Laws
Like many people with felony DWI convictions, Friesenhahn is an alcoholic. Alcohol addiction or not, Texas law considers it a DWI if you drive when your BAC is 0.08, the level at which the law deems that it is physically impossible to drive safely enough to avoid putting others at risk. In his appeal Friesenhahn argued that alcoholics need to drink alcohol to avoid withdrawal symptoms, and therefore it is unreasonable to expect them to keep their BAC below 0.08 at all times, even when they have to drive.
A Drunken Rant or a Plea for Justice?
The media tended to report on Friesenhahn’s appeal as though it was just a case of drunken ravings. The reports, or at least their headlines, sounded more like “dumb crook” stories or a less macabre version of the Darwin awards. On the surface of it, yes, it is ridiculous to claim exemption from traffic laws because of alcoholism or any other medical condition. (Friesenhahn would have a better case if he asked that driving restrictions be placed on alcoholics, just as people with visual impairments are required to wear their glasses or contacts when driving, and if their vision problems are severe enough, the state does not grant them driver’s licenses at all.) How the law should treat people who drive drunk because of their addiction to alcohol, however, is a serious question.
Rose Ann Davidson, who was handed a life sentence on her sixth DWI conviction despite never having caused an accident when driving drunk, raised the same question. She claimed that it was cruel and unusual punishment to receive such a long sentence for never having injured anyone. She argued that, as an alcoholic, what she needed was addiction treatment, not a lifetime behind bars. Davidson’s argument is more in line with recent reforms to Texas law. Texas now offers pre-trial diversion programs for some first-time DWI offenders, where the court requires them to undergo addiction counseling instead of giving them a traditional sentence.
Contact Madrid Law About DWI Offenses
If you have been arrested for DWI, it may be because you need treatment for alcoholism. You have the best chance of getting the right treatment for your drinking problem if you hire the right criminal defense lawyer to keep you out of jail. Contact Madrid Law in Houston to discuss your case.
