The Enid News and Eagle, Enid, OK

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March 28, 2006

Oklahoma should look at Texas' drunk law

Texas has started to crack down on drunks in bars, and although there is some controversy surrounding the program, we like the idea and would hope Oklahoma authorities take a look at it.

Texas Alcoholic Beverage Commission has been sending undercover officers into bars to look for people who are exceedingly drunk. These officers have the authority to issue citations or make arrests for public intoxication even if the patrons haven’t left the building. So far this year, the number of arrests or citations is about 2,200.

According to Texas law, public intoxication is a misdemeanor punishable by a fine of up to $500. An offender can be cited or arrested.

Bar patrons can be approached if an officer notices them behaving erratically, such as having difficulty walking or standing. The officer will perform a field sobriety test. A patron also may be asked to take a breath test, although it is not required.

The controversy comes about because some people think bars should be a safe haven for such activity. What’s the harm, they say, if the person who has had too much to drink doesn’t try to drive home?

Well, to answer that, we say there potentially can be a lot of harm.

First, bars can face liability issues for serving alcohol to people who already are intoxicated. Also, bar owners and workers can’t be certain what patrons will do once they leave their establishments. They don’t know how many people will try to get in their cars and drive somewhere.

Additionally, intoxication often leads to obnoxious and violent behavior, including bar fights.

Authorities in Texas say the program’s aim is to reduce drunken driving incidents. According to Mothers Against Drunk Driving, Texas had 1,264 alcohol-related traffic fatalities in 2004, the most in the nation.

We like the idea and would hope Oklahoma authorities institute such a program here. The idea isn’t for government to be spying on people, as much as conspiracy theorists may want to believe. The idea is to make it safer for people.

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