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hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Tag: Austin DWI

Lowering the Legal Alcohol Limit for Drivers Would Backfire

Chris Perri

Recently, The National Transportation Safety Board released an official recommendation for all states to lower the legal alcohol driving limit to a .05 blood alcohol concentration (BAC). Currently, the blood alcohol legal level is .08. See the chart below to see how these limits actually translate to individuals’ alcohol consumption.

bac-chart.jpg

At Chris Perri Law, we believe that lowering the legal limit would be a mistake and lead to injustice. “I think it dilutes the standard for intoxication,” Chris Perri says. “There is about a .02 margin of error on these breath tests. People that aren’t drunk and even had only one beer could register over the legal limit.” According to Chris, this would cause even more people to refuse to cooperate with police officers, as it puts those who have just had one drink at risk of severe legal consequences. In fact, Chris believes that raising the legal limit would actually lead to safer roads, as then the crime would be more stigmatized by our community. At present, Chris feels it is too easy for anyone to get a DWI, and if the limit was lower, it would seen as even less of a big deal to have been convicted of a DWI. To Chris, it is just not okay for someone who registered at a .08 BAC to be facing the same charge as some registered at, say, a .14.  Currently those arrested with a very high BAC actually benefit from the fact that they are lumped together with those just barely over the limit—the community sees all these crimes as one.

Another concern is that the police are under pressure to arrest anyone who has possibly had one drink for their own liability reasons. If they let someone go and that person has an accident, the city could be sued. However, this leads to innocent, law-abiding citizens spending nights in jail, carrying criminal records, and causing additional tax money to be spent on the criminal justice system. Further, if the BAC limit was say, .12, then when someone is arrested at this BAC, there would be no question that the person was drunk and needs a steep punishment. Currently, having a DWI is not a major stigma because the population understands that even those who aren’t drunk can end up with an arrest.

The National Transportation Safety Board states that more than 100 countries around the world have adopted a .05 BAC legal limit, and that this had led to fewer alcohol-related accidents. However, what is unfair about this comparison is that in these other countries, readily-accessible alternative transportation options exist. Chris Perri believes that in cities in like San Francisco, Chicago, and New York City there is absolutely no reason to ever drive after drinking alcohol. Yet, in Austin, we lack a viable public transportation system. A much better way to spend our tax dollars would be on developing better transportation options – not prosecuting individuals with a .05 BAC.

A forgotten element in this debate is how lowering the legal BAC would adversely affect the indigent population. Those with a lower socio-economic status are less likely to have funds for a taxi service. Also, if arrested this population often does not have ability to pay for a private attorney, so they must rely on a court-appointed attorney, which can be a bit of a crapshoot. Let’s not forget, court-appointed services are also paid with our taxes. Furthermore, giving more people criminal records, especially those already facing hardship, does not help anyone, but instead harms our entire community. Having a criminal record makes getting a job harder and also increases one’s likelihood of repeating the crime, as one’s sense of identity begins to shift due to the community’s label of that person as a “criminal.”

At Chris Perri Law, we believe strongly in finding ways to reduce accidents related to drunk-driving. However, Chris feels that by making a DWI more stigmatized and also offering improved public transportation options are much better ways to focus our efforts than punishing those for driving after just one drink.

We’d love to hear what you think, too. Let us know in the comment section.

Court says driving near Sixth Street at night is suspicious

Chris Perri

As most people probably know, if you’re driving home from the Sixth Street area late at night, you’re under suspicion from Austin’s DWI task force, which camps out at the heavily trafficked roads that lead away from the bar district. And now, based on a recent Court of Criminal Appeals ruling in Foster v. State, you can get pulled over even if you haven’t committed a traffic offense.

As a criminal defense attorney, one of my first questions of a client charged with DWI is: “Why did the cop pull you over?” Until recently, the answer almost always involved some type traffic offense, such as speeding, running a red light, expired inspection or registration, taillight out, etc. However, check out the facts of Foster:

A police officer was stopped at a red light in the right lane of West Sixth Street. Foster’s truck drove up very close to the back of the officer’s vehicle, and then the truck made a “revving” sound. The officer also described the truck as lurching forward, possibly to try to turn into the lane to the left of the officer. The officer then initiated a traffic stop of Foster’s truck despite the fact that Foster hadn’t violated any traffic laws. Foster then failed sobriety tests and was arrested for DWI.

The Court of Criminal Appeals found that the stop was validly supported by reasonable suspicion, which is the constitutional standard for such investigatory detentions. (Note: police officers need “probable cause” to arrest a person, but only “reasonable suspicion” to temporarily detain someone in order to investigate criminal activity). According to the court, the officer validly took into account the time of day and location in determining whether there was reasonable suspicion to detain Foster.

Here, the officer testified that based on his training and experience, people leaving the Sixth Street bar district late at night are likely to be intoxicated. When this circumstance is combined with Foster’s “erratic driving,” the Court found that was enough to pull him over. On the other hand, if Foster’s driving behavior had occurred on a residential street during the light of day, an officer would probably not have been able to validly pull him over because such driving behavior, in isolation, doesn’t amount to reasonable suspicion of a crime.

Of course, Foster’s an idiot for driving so aggressively in an area known to be patrolled by cops late at night. But until now, most attorneys would’ve agreed that he couldn’t be pulled over unless he committed a traffic offense. Now, that’s changed. And if you drive near Sixth Street at night, you’re already under suspicion; if you do anything that’s conceivably “erratic,” you’ll likely be the subject of a DWI investigation.

The best advice is to take a taxi or designate a sober driver in order to avoid an accident or police contact.

Appeals court upholds suppression of evidence

Chris Perri

Last year, I successfully moved for the trial court to suppress the State's expert testimony regarding my client's blood-alcohol concentration (BAC) at the time of an alleged incident of Boating While Intoxicated. I wrote about this in my blog at the time. The State was unhappy with the judge's ruling, so it appealed. Today, a three-judge panel of the Third Court of Appeals upheld the trial court's ruling that the State could not introduce expert testimony on my client's BAC. The opinion can be read here. This is a great victory for my client, and I anticipate that the State will dismiss the pending charges due to the fact that it would not be allowed to present evidence of my client's alleged intoxication if the case proceeded to trial.

Expunging your DWI arrest just became easier

Chris Perri

Just because your criminal charge has been dismissed doesn’t mean that your arrest record goes away. If you don’t obtain a valid order of expunction, government records and online databases will continue to reflect your arrest...

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An expunction victory

Chris Perri

After two years of considering the case, the Third Court of Appeals in Austin decided in my client’s favor on an important expunction issue.  Prosecutors had been trying to prevent defendants from expunging their DWI arrests when they took probation on lesser charges (Reckless Driving or Obstruction of a Highway).  This was due to a strained reading of the expunction statute that I discuss more thoroughly in my blog.  The Third Court of Appeals accepted my argument that an expunction analysis should proceed by looking at each charge in isolation; as a result, a dismissed DWI is eligible for expunction regardless of what happens on another charge that stems from the same arrest.  This is a great victory for any defendant who uses plea bargaining to get rid of an unfair DWI charge. Remember, if you don’t get your charge expunged, potential employers can still see the arrest!