New Developements in Fighting Drunk Driving

Video Transcript:
Cindy Speaker: In Texas, there’s been increased attention on this topic of drunk driving. My guest today is Houston Attorney Terry Bryant, and we’re going to talk with him today about this subject. Terry, how are you doing?

Terry Bryant: Fine, how are you?

Cindy Speaker: Good. Well Terry, last year you were a guest on Great Day Houston and you spoke about this topic of drunk driving. And also on that program was Laura Dean-Mooney who was president of Mothers Against Drunk Driving. Tell me a little bit about that organization, how they’re making a difference, and what you see in terms of their positive impact.

Terry Bryant: You know, they work on this problem all day everyday. They are lobbying for support to have ignition inner inter locks put in the vehicles of all convicted DWI offender. This is a sophisticated device that can actually prevent a vehicle from being driven by a drunk driver.

Mothers Against Drunk Driving has also done a terrific job of creating awareness of this seriousness of drunk driving. For instance, on their website they point out that first time offenders have driven drunk an average of 87 times before they are convicted.

Cindy Speaker: That is really unbelievable. Well Terry, what’s going on in Texas because you told me there are some—as you said increased attention in Texas on this topic.

Terry Bryant: Well in some cities, we’re having what’s called a No Refusal Weekend, which means that if a person is suspected of driving drunk, the law enforcement authorities will go to a judge and get a search warrant to allow taking a blood to see if the person needs the threshold for driving drunk. So if the person refuses of breathalyzer, his or her blood can actually be taken in a forcible way.

Cindy Speaker: And did you say that has already started or it’s about to start?

Terry Bryant: That has started and it’s done at varying times throughout the year.

Cindy Speaker: Okay, very interesting. Well Terry, you have a great public service announcement on drunk driving that really talks at the heart, and I like to play that right now.

Linda Hull: I got a call from the coroner and he said, “I regret to tell you that your daughter has been killed in an automobile crash”. We lost Renee in 1987. She was killed during Spring Break. She was hit head-on by an on-rage drunker.

Four years after Renee was killed, this happened to Leslie. I got a call from one of Leslie’s friends, and she told me that Leslie had been struck and hit by a car that had veered into the crowd of kids. We buried Leslie right next to Renee. That was tough, that was tough. I just remembered pounding my fist on the counter and saying, “This can’t be happening again. This just cannot be happening again.”

Narrator: If a drunk driver has hurt you or someone you love, it’s not an accident, it’s a crime.

Cindy Speaker: Wow, and is this an actual family?

Terry Bryant: Yes it is. She lost two daughters to drunk drivers.

Cindy Speaker: That’s unbelievable. As we’ve talked before, you know that my family was changed forever by a drunk driver as well. My father was killed back in 1977 when a drunk driver hit him, and someone tried to pull him from the car but he was pinned and the car caught on fire. Before they were able to get him out, the car blew up and my father was killed. These are not pretty stories, and yet I have to tell you that the person who killed my father had actually been convicted of killing a pedestrian while driving drunk two years earlier, he never even lost his license. And for us, what happened is that the insurance company did nothing more than make a phone call to us and say, “Gee, I’m sorry, that’s just so sad.”

Terry Bryant: Cindy, the insurance companies are in business to make sure you get as little as possible. Their races and promotions are based on how little they pay out to people that are making claims. And that’s why hiring a lawyer in a drunk driving case is really a necessity. The average layperson is just no match for these insurance companies and they’re lawyers.

Cindy Speaker: Well Terry, what do you find as the biggest challenges in drunk driving cases?

Terry Bryant: The biggest challenge is to gather the evidence early and to make sure that we get a copy of the video tape from the authorities.

Cindy Speaker: A copy of the video tape? I don’t understand what you’re saying. Are you saying that that video is taking in these situations?

Terry Bryant: Yes. Oftentimes, a video tape is taking it—the scene of the accident when the officers are doing what we call a Field Sobriety Test; or when they take the person to the station and do an interview with the alleged drunk driver.

Cindy Speaker: Very interesting and very complex. Well Terry, what are your recommendations for someone who is a victim of a drunk driving accident.

Terry Bryant: I would recommend that they contact an attorney immediately to make sure that their legal rights are protected.

Cindy Speaker: And if someone has specific questions, how can they reach you?

Terry Bryant: They can call my toll free number at 1-800-444-5000, or find us on the web at www.TerryBryant.com.

Cindy Speaker: Very good. Well Terry, thank you so much for your time today.

Terry Bryant: Thank you for having me.

Cindy Speaker: This is Cindy Speaker reporting for Main Street Law.