Texas stings put on hold after public reaction
Pub Date: 6/1/2006
vehement public reaction, legal challenges and program suspension are the aftermath of a Texas Alcoholic Beverage Commission (TABC) campaign to arrest potential drunk drivers.
The Texas Legislature had boosted TABC funding to hire 100 new officers intended to fight drunk driving. Instead, the TABC, using what some termed "Gestapo tactics," sent officers into bars seeking to arrest patrons who appeared intoxicated.
In some reported cases arresting officers did not administer breath tests and relied instead upon subjective field sobriety tests. In others, they arrested patrons whose blood alcohol content was far below the .08 standard for impaired driving.
At least one patron who had arrived by taxi and planned to use a taxi to get home, and who was not even in possession of car keys, was arrested. He now plans to challenge his arrest in court and is seeking to head off any dismissal of the charges in order to secure the opportunity to contest the accusation.
A swift and loud public outcry was heard in the halls of the capitol following an early April bar blitz in the Dallas area where patrons were rousted and arrested. In the wake of the public blowback, a legislative committee convened a hearing and the TABC swiftly announced a suspension of the program.
But at the hearing, TABC Administrator Alan Steen would only acknowledge that perhaps the chief flaw in the program was "trying to implement it too fast." He also admitted officers had failed to administer breath tests and conceded SWAT uniforms and combat boots may have been inappropriate attire for his agents.
He said the program would go on hiatus to consider the angry public reaction and would then be subject to a possible retooling.
The program to arrest bar patrons for being potential drunk drivers began last August and has reportedly resulted in the arrest of over 2,200 customers and bar workers who allegedly over served.
Mothers Against Drunk Driving publicly hailed the program as a progressive step toward ending drunk driving.
In protest, hospitality business owners pointed out a number of those arrested were guests in their lodging facilities and hadn't the intention or even the means to drive. Tourism officials said the negative publicity about the heavy-handed tactics could drive away tourists and convention business.
Public intoxication in Texas is a Class C misdemeanor punishable by a fine of up to $500. In order to be in violation, it must be deemed the person arrested was a danger to themselves or others.