The 3rd Court of Appeals in Austin, Texas has rejected a discrimination argument made by a man with four DWI convictions.

The court’s opinion released Friday states that Ralph Alfred Friesenhahn argued “’the statute of .08 being the legal threshold for intoxication’ discriminates against alcoholics because ‘many of those folks who suffer from the disease of alcoholism are able to maintain normal functioning at .08 versus a person who does not [suffer from the disease of alcoholism].’”

The court, however, ruled that state law does not unfairly single out alcoholics because the law applies equally to all drivers.

Blood tests showed Friesenhahn had a blood alcohol concentration of 0.29, which is more than three times the legal limit, after his fourth DWI conviction in 2016.