Texas Man Says Legal Limit Discriminates Alcoholics
He has been arrested four times for DWI. He thinks the law is unfair to people who are alcoholics.
Ralph Friesenhahn from San Antonio, Texas tried to overturn his four-year prison sentence by arguing that Texas' legal limit of 0.08 blood alcohol concentration ignores the higher tolerances that frequent drinkers have to the effects of liquor. This allows the law to prosecute people without having proved that they had lost control of their mental or physical abilities.
The Austin-based 3rd Court of Appeals said that the state law doe not unfairly single out alcoholics because it appeals to all drivers equally.
Friesenhahn was convicted of felony DWI from prior alcohol-related convictions. He was involved in a single-car rollover accident along a rural county road in New Braunfels. A blood test later indicated he had an alcohol concentration of 0.29. 3 1/2 times the legal limit.
Sammy McCrary, chief of the felony division for the Comal County Criminal district attorneys office said this about Friesenhahn. "You're not being punished for being an alcoholic. It's the driving that the problem".