Austin Police Department Releases the List of Austin's Top DWI Bars

images.bimedia.net/documents/Copy+of+Top+Bar+Location+2011.xlsThe Top 20 DWI bars are:

1. Kung Fu Saloon (23 Arrests)
2. J Black's (17 Arrests)
3. Rain (15 Arrests)
4. The Ranch (14 Arrests)
5. Molotov (13 Arrests)
6. Thirsty Nickel (13 Arrests)
7. Oilcan Harry's (12 Arrests)
8. Sherlock's Baker St (11 Arrests)
9. Blind Pig Pub (10 Arrests)
10. Key Bar (10 Arrests)
11. Shakespeares (10 Arrests)
12. The Yellow Rose (10 Arrests)
13. Kiss & Fly (9 Arrests)
14. Antones (7 Arrests)
15. Cedar Street (4 Arrests)
16. Dizzy Rooster (7 Arrests)
17. Dogwood (7 Arrests)
18. Third Base (7 Arrests)
19. Weirdos (4 Arrests)
20. 512 Bar (6 Arrests); Barbarella (6 Arrests); Barcelona (6 Arrests); Chuggin Monkey (6 Arrests); Jackalope (6 Arrests); La Preferida (6 Arrests); Lavaca Street Bar (6 Arrests); Parish (6 Arrests) (these bars tied for #20)

It is no coincidence that four of the top five bars are on or near West 6th street. The DWI Task Force Officers often sit right in front of GSD&M on 6th Street, and catch folks speeding towards Mopac.

While APD says that it uses this compiled list to decide where to put its Officers, it really is the chicken and the egg story. The question is, “Do they make more arrests because the officers are on 6th Street, or are there more officers on 6th Street, because that is where the DWIs are?”

The other wildcard in all of this is that most officers only ask “Where have you been drinking?” For all we know, they could have gone to that bar first, and only had one drink, and then moved on to somewhere else. This list is hardly statistically reliable to say the least. It makes for good publicity for APD, but I dare say, it has little value past that.

Austin Police Department Releases the List of Austin's Top DWI Bars

The Top 20 DWI bars are:

1. Kung Fu Saloon (23 Arrests)
2. J Black's (17 Arrests)
3. Rain (15 Arrests)
4. The Ranch (14 Arrests)
5. Molotov (13 Arrests)
6. Thirsty Nickel (13 Arrests)
7. Oilcan Harry's (12 Arrests)
8. Sherlock's Baker St (11 Arrests)
9. Blind Pig Pub (10 Arrests)
10. Key Bar (10 Arrests)
11. Shakespeares (10 Arrests)
12. The Yellow Rose (10 Arrests)
13. Kiss & Fly (9 Arrests)
14. Antones (7 Arrests)
15. Cedar Street (4 Arrests)
16. Dizzy Rooster (7 Arrests)
17. Dogwood (7 Arrests)
18. Third Base (7 Arrests)
19. Weirdos (4 Arrests)
20. 512 Bar (6 Arrests); Barbarella (6 Arrests); Barcelona (6 Arrests); Chuggin Monkey (6 Arrests); Jackalope (6 Arrests); La Preferida (6 Arrests); Lavaca Street Bar (6 Arrests); Parish (6 Arrests) (these bars tied for #20)

It is no coincidence that four of the top five bars are on or near West 6th street. The DWI Task Force Officers often sit right in front of GSD&M on 6th Street, and catch folks speeding towards Mopac.

While APD says that it uses this compiled list to decide where to put its Officers, it really is the chicken and the egg story. The question is, “Do they make more arrests because the officers are on 6th Street, or are there more officers on 6th Street, because that is there the DWIs are?”

The other wildcard in all of this is that most officers only ask “Where have you been drinking?” For all we know, they could have gone to that bar first, and only had one drink, and then moved on to somewhere else. This list is hardly statistically reliable to say the least. It makes for good publicity for APD, but I dare say, it has little value past that.

Provide Blood or Breath and your DWI may turn into a Class A Misdemeanor

A new law, which is being called the “Extreme DWI Law”, took effect on September 1. This new law enhances the punishment for anyone with .15, or higher, alcohol content in their blood or breath, taking a DWI offense from a Class B to a Class A misdemeanor.

This new law carries with it a possible sentence of up to a year in jail and $4,000 in fines, even for first-timers.

This is just another example of the enhancement that can occur when you provide a breath or blood sample. If you don’t give a breath or blood sample, then the .15 enhancement is irrelevant.

Jail for First Time DWI Doesn't Prevent A Subsequent DWI

USA Today posted a good article about the fact that punishment for drunken driving among the states is inconsistent at best. Get arrested in Alaska, Tennessee or Georgia and you will face mandatory jail time for your first offense. These three states require mandatory sentences ranging from one to three days. Get arrested in California, Texas, Connecticut or Indiana and you won't face mandatory jail time for your first offense.

In some states, like Wisconsin, first-offense DWIs aren’t even considered a criminal matter. It's a civil infraction that results in a ticket. So far, there are no punishment guidelines for the states. It is up to each State's Legislature to figure out what the punishment range should be.

The article states that National research suggests jailing first-time offenders "has no impact" on whether they will do it again.

Sentencing guidelines drawn up in 2006 by federal highway officials and the National Institute on Alcohol Abuse and Alcoholism concur. "The available evidence suggests that as a specific deterrent, jail terms are extremely costly and no more effective in reducing (drunken driving) recidivism," the guidelines note.

DWI bills in the 82nd Legislature

In this session, like in previous one, some state legislators targeted drunk drivers but most of those proposals, seem to be going nowhere. Here are some of the bills and their status three weeks before the Legislature adjourns. .

Bill Goal Status

• SB 231 To revoke driving privileges of anyone with two convictions. In committee

• HB 99 Third-degree felony for anyone with a previous conviction. House calendar

• HB 101 A hotline to report suspected cases of impaired driving. In committee

• HB 189 Mandating ignition interlock for any DWI conviction. Attached to other bill

• HB 237 To mark driver’s license of anyone with a prior conviction. In committee

• HB 3477 Ten-year driver’s license suspension after five convictions. To full House

Fortunately, the Legislature seems distracted with cutting education funding, cutting back who can vote, and making sure the police don't give immigrants any protection from deportation even when they are witnesses to a crime, to care much about DWIs this session.

DWI Probation Program

San Antonio Express News ran a report last week of a Tarrant County DWI probation program called Felony Alcohol Intervention Project. It is designed for offenders with three or more DWIs.  This program these repeat offenders to accept a “plea bargain for a seven-year prison sentence that is probated to four years.  The goal of the program is to reduce the number of injuries and deaths from alcohol related accidents. Currently, there are 175 probationers with 10 graduates.

 FAIP include the following requirements:

-        10 days jail

-        work 40 hours a week

-        Driver’s license suspense for 6 months to a year

-        random urinalysis

-        counseling and alcohol treatment; including daily meeting for the first 90 days

-        ankle monitor that detects alcohol for the first 90 days

-        attend court weekly for judicial review

-        meet with their probation officer once a week

-        community service at homeless shelters

While this may be good resolution for some folks, it is clearly not a one size fits all solution.  Some case just need fighting, and not just a quick probation outcome.  If this type of programs comes to Austin, we will sure look at on a client by client bases.  Pleading guilty to a felony DWI is always an avenue of last resort.