On Sept. 1, of 2023 a new law was enacted to try to further detour drunk driving and help make restitution for families who have lost parents due to drunk driving. The law known as ‘Bentley’s Law,’ was named after a father of two who lost his life in 2014, leaving behind a family not only without a father but also without at least one parent to take care of the children financially. Now that the Texas House bill is law it will require convicted drunk drivers to pay up to 18 years of child support if they kill a parent. Here in Cass County between 2020 and 2022 (2023 not published yet) there have been five fatalities due to drinking and driving.
According to the law, “relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter mandatory restitution for a child of a victim of intoxication manslaughter. The court shall determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or has graduated from high school, whichever is later. The court will determine the amount of the restitution based on six factors: (1) the financial needs and resources of the child; (2) the financial needs and resources of the surviving parent or guardian or other current guardian of the child or, if applicable, the financial resources of the state if the Department of Family and Protective Services has been appointed as temporary or permanent managing conservator of the child; (3) the standard of living to which the child is accustomed; (4) the physical and emotional condition of the child and the child’s educational needs; (5) the child’s physical and legal custody arrangements; and (6) the reasonable work-related childcare expenses of the surviving parent or guardian or other current guardian, if applicable.
According to the research study by Forbes, the “Lone Star State ranks second worst for both the share of drunk drivers involved in fatal crashes (8.30 per 100,000 licensed drivers) and percentage of traffic deaths caused by drunk drivers (42.37%).
“Texas also stands out as the state with the third-highest rate of drunk drivers under age 21 involved in fatal crashes (0.94 per 100,000 licensed drivers).
“More than five (5.14) people are killed in crashes involving a drunk driver for every 100,000 state residents (the sixth-highest amount).”
The good news is that the accidents in Cass County due to drinking and reported are down from 27 and 28 in 2020 and 2021 to 18 in 2022 according to the Texas Department of Transportation. Neighboring county Bowie had nearly 100 in 2022. The Journal Sun will be publishing the 2023 statistics when they become available.
Current penalties for drinking and driving according to TXDOT are: If you’re a minor (under 21) and found to be in possession of alcohol, you may face the following penalties: Up to a $500 fine A 30-180 day driver license suspension 8 to 40 hours of community service Mandatory alcohol-awareness classes Any amount of beer, wine, or liquor can trigger these penalties. A second or third offense can lead to suspension of your driver license for 60 to 180 days. If you’re 17 or older, you also can be fined as much as $2,000 and go to jail for up to 180 days for a third offense.
Under 21 If you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system. The first time you are stopped for drinking and driving, you could face the following penalties: Up to a $500 fine A 60-day driver license suspension 20 to 40 hours of community service Mandatory alcohol-awareness classes If you’re 17 or older and are pulled over for drinking and driving with a blood or breath alcohol concentration of .08 or greater, you could face: Up to a $2,000 fine Three to 180 days in jail A driver’s license suspension for 90 days to a year The penalties increase for additional offenses.
For parents Be a good example: don’t drink and drive. Remind your children to call you if they’re ever in an uncomfortable situation. Teach them never to get in a car with someone who’s been drinking.
Providing alcohol to minors Furnishing alcohol to someone under 21 can lead to a $4,000 fine and up to a year in jail. Selling alcohol to a minor is a Class A misdemeanor, which can bring a $4,000 fine and a year in jail.
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