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AUSTIN — A backlog of thousands of Texas court cases. Drunken drivers convicted on lesser charges. Repeat DWI offenders who don't have a record of a related conviction or treatment.
Those are some examples of what's bringing together a new coalition that includes Mothers Against Drunk Driving, prosecutors and defense attorneys who support a widespread change in how the state punishes first-time drunken drivers.
Supporter say the plan, a legislative proposal to allow deferred adjudication for first-time offenses, would ease the court backlog and improve efforts to track and punish repeat DWI offenders.
First-time offenders could be acquitted of the offense if they complete supervision and treatment. If the offense were repeated, it would become grounds to boost future punishments.
"Generally, we do not support deferred adjudication bills, but we are going to support this one," said Bill Lewis, public policy liaison for the Irving-based nonprofit group MADD. "Right now, we are hearing that many cases are not getting prosecuted for DWI but for a bogus charge. We hope the practice of reducing charges will be reduced if this bill does indeed pass."
The proposal, filed by Rep. Todd Smith, R-Euless, marks a shift away from a long-standing notion in Texas that all drunken drivers should face fines and jail time. Deferred adjudication for such offenses was abolished in the state in the mid-1980s when opponents, including MADD, argued that prosecuting offices and judges were accepting the form of probation for repeat offenders.
Courts ask for help
Supporters say the plan could ease court backlogs by routing cases out of courtrooms, give prosecutors a new negotiating tool and remove the threat of jail that makes some first-timers refuse guilty pleas in DWI cases.
By the time a House legislative committee held a hearing on the issue in August, more than 122,000 misdemeanor DWI cases were pending in state district courts. Prosecutors argue they are too limited in the options they can offer first-time offenders.
"Our alternatives that we can offer have diminished such that our bargaining positions have weakened, and cases are backing up," testified Richard Alpert, a 24-year Tarrant County prosecutor who has become a key figure in the fight against drunken driving.
The practice of convicting first-time offenders on reduced charges is more prevalent in counties near San Antonio and Houston, where backlogs have become a significant concern, witnesses reported during the hearing. If the drunken driver repeats the offense, critics worry there is then no record of a first conviction, and no grounds to enhance punishment for repeat offenses.
"The other thing this will do is hopefully make sure that we have a record of that drunken driving incident," said Williamson County District Attorney John Bradley, who expressed support for the measure.
"In some jurisdictions, they expunge the existence of the case, which is a terrible thing to do. That person is going to forever be a first-time offender if that keeps happening," Bradley said.
The plan, if used properly, would still require supervision of the defendant and could enforce fines and allow a judge to impose jail time as a condition of probation, Bradley said.
In counties where the practice of reducing charges is not as prevalent, such as Travis and Williamson, the move could still ease backlog concerns, several prosecutors said.
"This would be a first step to putting some sanity in that system as long as people make sure to retain it only for the true first-time offender," Bradley said.
New momentum seen
This proposal has been in front of the Legislature before. This time, however, there's plenty of support, said Alpert, assistant criminal district attorney for Tarrant County and author of two books about DWIs.
"I think there is some momentum for this," Alpert said. "It would give people who want to take responsibility an incentive to plead guilty, as opposed to setting these cases for trial. We have too many cases on the docket."
Alpert has prosecuted dozens of intoxication manslaughter and high-profile DWI-related cases, including the 2001 murder case against a Fort Worth woman who drove home after a drug- and alcohol-fueled night and hit a man, who became lodged in the windshield of her car. He later bled to death. The woman was sentenced to 50 years.
"It's a needed change," said Alpert. "It's not like they are getting a free DWI, but a type of probation that would not technically be a conviction. If they don't reoffend, they can say they have not been convicted. But if they do reoffend, it can be used to enhance their punishment."
With broad support, the deferred adjudication proposal has a good shot this legislative session, supporters say.
'Checkerboard system'
At a state Senate committee hearing in July, lawmakers hinted they would consider altering programs that automatically suspend licenses and fine convicted drunken drivers.
Some, however, continue to push for tougher DWI laws that focus on sobriety checkpoints and mandatory ignition interlock devices that would prevent drunken drivers from starting their vehicles.
The issue remains a challenge in Texas, which leads the country in the number of DWI fatalities.
"We've got a checkerboard system now that is not a good system in some respects," state Sen. John Whitmire, D-Houston, and chairman of the Senate Criminal Justice Committee, told the American-Statesman following the July hearing.
"Some of the changes we made in years past have had unintended consequences that we're just now finding out about."
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