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Jailing for addictions does not make much sense but what’s the alternative?

Published: September 1, 2016 • Updated: September 1, 2016 • LGR Law

In Texas repeat DWI drivers must have an interlock ignition device installed in their vehicles for two years or longer. The cost to do that is not cheap. Installation runs about $200 and monthly fees can be close to $100. Nonetheless, despite the expense, repeat offenders do have their devices removed eventually. That too comes with a large expense: $125 reinstatement fee to reclaim a full driver’s license.

The irony of ignition interlock devices is that Texas never permanently revokes a DWI offender’s license. It doesn’t matter how many suspensions a driver racks up. Even after repeated DWI convictions, an offender never loses their license permanently.

Consider the case of a Houston man who got life in prison after his ninth DWI conviction. At the time he was arrested for that incident, he had a valid driver’s license. Alcoholism is a disease recognized by medical practitioners. As such, jailing alcoholics is similar to putting someone in jail for cancer or some other form of illness, such as MS or Parkinson’s.

That being said, the question becomes how to deal with those who do not want to stop drinking and driving because they are dangerous to society. The only answer is jail time, interlock devices, scram ankle bracelets, sentences, fines and forced rehabilitation. While none of these things may ultimately work on all those with drinking problems, it may reach a few and get them off the streets.

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About The Author Kenneth "Tray" Gober III, J.D., is the Managing Partner of Lee, Gober & Reyna, PLLC in Austin, Texas. A 2005 magna cum laude graduate of Texas A&M University and an honors graduate of Baylor Law School, Tray is admitted to the State Bars of Texas (Bar No. 300408), Colorado, and Pennsylvania, and to the Bar of the United States Supreme Court. He represents personal injury clients across Texas in car accidents, truck accidents, autonomous vehicle claims, wrongful death, drunk driving collisions, premises liability, and product liability matters. He is one of Texas's most frequently quoted legal voices on the law surrounding autonomous vehicles and AI-driven transportation. Tray also serves as an adjunct professor of Paralegal Studies at the University of Texas School of Law.