SAPD asks state for DWI checkpoints

AUSTIN — Citing a troubled culture that fuels drunken driving, a San Antonio Police Department deputy chief urged legislators Monday to consider establishing permanent sobriety checkpoints across Texas.

“We really do need to make a cultural change in the state of Texas when it comes to driving under the influence of alcohol,” Deputy Chief Anthony Treviño told the Texas House Criminal Jurisprudence Committee.

In asking that law enforcement agencies be able to stop drivers and conduct routine sobriety tests near drinking-and-driving “hot spots,” Treviño said local data could be used to identify areas where such behavior is prevalent.

About two dozen people have been charged with intoxication manslaughter in alcohol-related wrecks over the past two years. And, Treviño said, more than 7,000 arrests for driving while intoxicated were made in San Antonio this year, through November.

Also, Texas, one of 12 states without sobriety checkpoints, perennially has the highest number of alcohol-related traffic fatalities, officials said.

In 2010, drivers with a blood-alcohol level higher than the 0.08 legal limit killed 1,259 people on Texas roads. California, which ranks second highest in the country, had 791 deaths caused by drunken drivers.

State Rep. Pete Gallego, D-Alpine, the committee chairman, said he is looking for new “creative ways” to change DWI laws that “get on the front end of the problem.”

“It's always bothersome when California does something better than Texas,” Gallego said. “California — with more cars, more drivers and more people — still has less DWI-related deaths than Texas does.”

The hearing was Gallego's last in the state Capitol. He was elected Nov. 6 to represent U.S. House District 23. But he said he will make recommendations to the committee before leaving the Legislature.

Other suggestions have included increasing money for “no refusal” weekends and allowing paramedics to draw blood. Last year, Bexar County District Attorney Susan Reed expanded “no refusal” weekends to every day in San Antonio, requiring that DWI suspects undergo blood tests if they refuse a breath test, evidence that makes it harder for arrested drivers to fight the charge in court.

More Information Worst for fatalities People killed in crashes involving drunken drivers in 2010 • Texas — 1,259 • Calif. — 791 • Florida — 660 • N.C. — 388 • S.C. — 357 Source: National Highway Traffic Safety Association No checkpoints here 12 states without sobriety checkpoints • Alaska • Idaho • Iowa • Michigan • Minnesota • Montana • Oregon • Rhode Island • Texas • Washington • Wisconsin • Wyoming Source: Governors Highway Safety Association

For several years, safety advocates and law enforcement officials have pushed for sobriety checkpoints, Gallego said. But the practice has run into roadblocks with many lawmakers and others who claim checkpoints are an invasion of privacy.

Jim Harrington, director of the Texas Civil Rights Project, said sobriety checkpoints allow for police manipulation and abuse of power.

“Once you start setting these roadblocks, you are basically saying the government has control over your movement,” Harrington said.

Gallego said some lawmakers see similarities between sobriety checkpoints and airport security pat-downs, which caused a battle cry from supporters of limited government in the past legislative session.

“There are always people who are passionately for and passionately against checkpoints,” Gallego said. “It will be an interesting conversation this session.”

Bill Lewis, spokesman for Mothers Against Drunk Driving and a supporter of checkpoints, said opposition to the law transcends party lines. He said he would be surprised if sobriety checkpoints are passed into law because some see it as the government playing “big brother.”

But Lewis called on the Legislature to require all first-time offenders to use an interlock device that prevents their car from operating if a driver with alcohol on his or her breath attempts to start it. Current law leaves it up to judges whether to require the device.

The change, which MADD pushed in the past session, was critiqued by Gallego.

“Our challenge is to stop people from driving drunk,” Gallego said. “Punishing them afterwards doesn't bring back the victim or make the family feel better. The idea is to stop the DWI before it happens.”

Checkpoints remain illegal in Texas until the Legislature establishes procedures and guidelines, according to a 1994 Texas Court of Criminal Appeals decision.

But the Corpus Christi Police Department might have found a loophole.

Julie Garcia, public information officer for the department, said the department conducts “driver's license checkpoints” regularly. If a driver appears to be intoxicated, police can conduct sobriety tests, and the driver “can and will be arrested,” she said.

kparker@express-news.net

Twitter: @KoltenParker