Opposed to sobriety check-points?? Senator John Carona is proposing a bill for sobriety check points to be set up in Texas. There has been much debate as to whether this violates people’s civil liberties or not. Sure there is a good argument that pulling people over can seem like opening a can of worms on who to target, etc. But the same argument could be made about airport security and full body scanning. But if sobriety check points keep the number of drunk driving fatalities down isn’t it worth it?
Texas has the highest rate of drunk driving fatalities in the country. I don’t understand why anyone would want to argue restrictions placed on drinking and driving. There is much more that could be done though. As a born and raised Washingtonian I noticed a different drinking culture in Texas when I moved here. It seems like everyone drinks in Texas. Beer is the most popular and seems to mix with almost any social gathering. If you go to the lake you bring beer, if you go to the movies you drink beer, if you hang out at the park you bring beer, trick or treating with the kids bring beer. I have never been to so many activities where drinking is a norm. Even a 5K will warrant cocktails after it. Drinking is a huge part of society as is drinking and driving.
I have also noticed the culture in the bars. Texas makes it mandatory that anyone who is serving or selling alcohol go through TABC training. This is all well and good but is not enforced. TABC certified servers are not supposed to serve someone if they are intoxicated. In Texas being TABC certified just means that the bar you work for isn’t liable if you serve someone who is intoxicated. Servers are sometimes uncomfortable cutting people off because often times intoxicated people get very angry when you won’t serve them. Servers also get better tips when people are more intoxicated. Tips are a big part of it being that Texas pays servers 2 dollars an hour.
The culture in Texas needs to change in regard to drinking. Drinking and driving kills innocent people, period. There are many things that can be done about this, not just sobriety stops. Tougher sentencing for DUI’s is a start. Many of the traffic fatalities that occur because of drunk driving involve repeat offenders. Texas needs to enact a no tolerance policy so that repeat offenders are not given the chance to kill innocent people. TABC servers need to stop serving people that are intoxicated and Texas needs to pay these servers better money. More funding towards prevention and safe ride programs would be good too. Maybe we need to make it easier for people to get home if they do have too many to drink. Deferred prosecution programs for DUI offenders are a joke and have become a game between lawyers. Defenders seem more concerned with getting a lesser sentence for their client than public safety.
Whether we like it or not Drinking and driving is a public safety issue. Sobriety checkpoints are a hassle for those that have to go through them and haven’t been drinking. But if check points are one measure that ensures safety for others than we need to implement it. Texas legislators need to stop being so concerned with civil liberties where public safety is concerned. Implementing DUI check points and other DUI prevention programs is a good start towards lowering traffic fatalities in Texas.
In Carleen's above post, she discusses the importance and need for Texas to enact SB 298, which is summarized as “relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated”.
ReplyDeleteI have to agree with Carleen when she mentions the heightened drinking culture here in Texas, saying “Beer…seems to mix with almost any social gathering. If you go to the lake you bring beer, if you go to the movies you drink beer, if you hang out at the park you bring beer, trick or treating with the kids bring beer.” I can testify to the validity of her statement because I do exactly that in some activities, as do many of my friends. Heck, I participated in an Multiple Sclerosis fundraising bike-ride (BP MS 150) from Houston to Austin a few years ago and at an overnight stay in Bastrop a sponsor of the event, Shiner Beer, was there handing out free alcohol to all the of-age participants.
Carleen speaks about the need for this legislation to be passed and I’d like to mention some information I found concerning the effectiveness similar laws have had in other places around the world. According to the Centers for Disease Control and Prevention (CDC), professional studies performed in various places reduced the amount of alcohol related traffic accidents by 20% on average.
Binghamton, NY - 23% to 24%
New Mexico (statewide) – 26%
California (4 cities) – 21%
Bergen County, NJ – 29%
British Colombia, Canada – 10%
And the list goes on…
Opponents argue that it violates the Fourth Amendment which guards against unreasonable searches and seizures. But the way I see it is that public roads are ultimately owned by the state or the US government. If you’re on it then it seems like you should be able to be stopped for a quick sobriety test if the goal is to protect other citizens around you. Texas, having the highest number of alcohol-related fatalities on the road (1463 in 2008), could potentially be saving hundreds of lives per year if sobriety checkpoints were allowed.
I completely agree with what you are trying to say. You can read more at my blog: http://thetexastalk.blogspot.com/2010/12/keeping-texans-safe.html
ReplyDeletere: Keep Texans Safe
ReplyDeleteTexas should enact sobriety checkpoints.
In reading Carleen's post, I have to admit that at first I was skeptical. I initially was fretting over whether or not the idea is good. I can only imagine how irritating it would be for sober drivers to go through the random checks, and additionally believe that sobriety checkpoints seem somewhat overbearing in a very "Big Brother" sort of way. Scott Henson couldn't have said it better.
That said, he did. Carleen's blog links to this page. In Henson's review of the issue, he points out some key things about the bill which subsequently reduced my hesitations. Carona's bill essentially states that each security checkpoint:
* must be random
* could not be a repeat location within 12 months
* would be safe from unreasonable search/seizure (NO proof of ID or Insurance would be required unless there were probable cause) ((**I think this gets a little hairy because officers discretion is different**))
* (check on the previous bullet) each encounter must be video recorded for 'quality assurance'
I looked a little bit further at the issue and came upon another interesting safety measure. Sobriety Checkpoints would only be required in
* cities with populations exceeding 500,000
* counties with populations exceeding 250,000
It is a certain truth that it would be cumbersome for all involved, however, its not as bad as it could be. MADD is pushing for even more restrictive legislation. They are pushing for legislation including
* permanent revocation of second time drunk driving offenders
* requirement of an ankle monitor for 60 days for first time offenders
When it gets that bad, I will sadly drink my last beer and move to California where the Grass is Greener.
Looks like I had to post the entire response:
ReplyDeleteI read an editorial by my fellow classmate Carleen about Texas sobriety checkpoints. She makes a really good point about how drinking and driving is very dangerous and ties in Texas drinking culture with it. I think that people needs to understand the true ramifications of drinking and driving.
I completely agree with her that we should enforce alcohol laws and prosecute DUIs more harshly. She says that " Texas needs to enact a no tolerance policy so that repeat offenders are not given the chance to kill innocent people. " and I completely agree. If we strictly enforced alcohol laws and gave harsher sentences to DUI offenders, we would keep our roads safer.
I believe that the bill that is being proposed to establish more sobriety checkpoints is the right steps but its not enough. I believe that Carleen would completely agree with that. I think that people should drink responsibly and that whether we like it or not, the government should make sure that just because someone else has a bit too much to drink won't put everyone else in danger. The bars should also make sure that people do not get drunk and drive. There should be some sort of law to deal with that.
I hope that someday we won't have to discuss this issue further because society has gotten more responsible and cleaned up their act. Unfortunately, thats mostly a wishful thinking. For now, sobriety checkpoints is a good start.