I certainly agree that repeat DWI offenders should not be granted use of an “occupational license” but I believe that an even more effective approach would be denial of this type of license after even the first offense.
Unfortunately, this behavior is typical of Texas state government and is unlikely to change any time soon.
I believe there are two specific reasons for this.
First, Texas has historically been an “anti-tax” state. I put this term in quotes because in practice it’s inaccurate. The state legislature is notorious for over spending, similar to its federal counterpart. However, due to the anti-tax political climate in Texas, raising taxes is a pariah for the majority of representatives in both the house and senate. Clever politicians have been successful at generating additional revenue by what is known as “loser’s fees”, which is a surcharge added to fines against the few who get caught violating a law by many. By eliminating occupational license’ to first time DWI offenders, the state simply loses money.
The fees associated with this license may not add up to much individually but Texas has continually ranked high on the list of U.S. states of DWI fatalities. And the numbers support this argument.
The second reason is more symptomatic than amoral. This is simply the fact that state agencies such as the DPS are mired in bureaucracy and workload. In brief, there are too many requests for an occupational license and not enough judges.
This is another example of how a government “exemption” so to speak; creates more problems than it solves.
On an ethical level, this is unacceptable. If someone drives under the influence, kills someone, is charged with manslaughter and can be sentenced a very lengthy prison term; the first incident of being convicted of driving under the influence should be treated just as sternly.
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