Austin expands DWI patrols into bars this holiday season
Reporter: Bob Banta
DATE: November 24, 1998
PUBLICATION: Austin American-Statesman (TX)
Catching drunks between their bars and their cars is the newest twist in the Austin Police Department’s push to lower the death rate from intoxicated driving, authorities announced Monday.
Spurred by the fact that at least half of all traffic fatalities in Austin are alcohol-related, police announced a stepped-up program against drunken driving that includes going into bars to arrest intoxicated patrons who may become a public threat if they get behind the wheel.
Skeptics said they hope authorities won’t abuse the program.
“It’s intimidating to people for a policeman to be there, and I don’t think that’s necessary,” said Jim DeFoyd, a Houston lawyer who represents several club owners in Austin. “I believe most bar owners in Austin . . . go out of their way to make sure there are not any intoxicated persons on their premises.”
But Austin police say the 23 city traffic fatalities blamed on alcohol so far this year are reason enough not to depend on bartenders to keep drunks from driving.
“After a while, we do get to know the bars where people leave while intoxicated,” said Lt. Calvin Smith, head of the traffic division. “They are intoxicated, and yet they are still being served while they are there. My impression is that this program is going to bring the number of alcohol-related deaths down.”
At Monday’s news conference announcing the crackdown, police chose to make their point about the perils of drunken driving by featuring 13-year-old Mitchie Mitchell, who was paralyzed in 1989 when the car he was riding in crashed. It had been driven by his father, who police said was drunk at the time.
Police Chief Stan Knee said the department’s anti-DWI campaign is part of an effort to prevent similar tragedies. “We are going to ruin the holiday season for every drunk driver before they can ruin it for us,” he said.
An undetermined number of Austin police officers, working with agents from the Texas Alcoholic Beverage Commission, will randomly walk into bars beginning this week to look for potential drunken drivers before they can reach their cars, police said.
To those who object that officers may be playing Big Brother to tavern customers, TABC officials cite state laws regarding public intoxication, a Class C misdemeanor punishable by a fine of up to $500.
“A tavern is a public place,” said David Ferraro, a district enforcement lieutenant for the TABC. “You can be arrested if you are obviously drunk and if you are a danger to yourself or others.”
The danger element is the most subjective part of the decision an officer makes when arresting someone in a tavern, Ferrero said. He said investigators strive for fairness in making that judgment.
“We visit with a person who appears intoxicated, and we find out whether they are with someone who is going to drive them home or whether they intend to call a taxi,” Ferrero said. “If we feel they will be transported home safely, then there is no danger.”
But a customer might very likely be arrested in a bar “if we find you drove yourself to the bar, there is nobody to drive you, and you are intoxicated and have your keys and are fixing to drive home,” Ferrero added.
Police had no numbers on how many people have been arrested for public intoxication in taverns, but Ferrero said the practice is not new.
“What is new is that we and the Austin police are going to work very closely together on this program,” he said. “We’re trying to be proactive instead of trying to piece everything together after there’s been a wreck.”
Scrutinizing bar customers in an effort to stop drunken drivers became a controversial focus of the Cedar Park Police Department during the holidays last year.
Tammy Tedford, owner of T.J.’s Saloon in Cedar Park, said the main fear she had about the program is that it could drive away customers.
“I can see the police side to this, but a police officer coming in uniform could make people afraid,” she said. “If someone is afraid to come to my bar, I could fail at my business.”
But Tedford, who has owned the tavern since July, said officers in the Williamson County city have been low-key in their patrols. “They’ve been pretty casual, and people are getting used to it,” she said.
Cedar Park police said they will probably arrest fewer people for public intoxication this year than last year, in part because of cooperation from bar owners.
“Since last year, there have been very few arrests in bars because bars have really responded favorably in helping us to cut down on the number of public intoxications,” Lt. Jeff Hayes said.
Mitchie Mitchell, paralyzed in a 1989 drunken driving accident, gets an Austin police cap Monday from Lt. Calvin Smith for helping promote DWI enforcement.
Copyright (c) 1998 Austin American-Statesman