SAN ANTONIO — New Year's Day sees some of the highest numbers for drunk driving of any day out of the year, and sometime those crashes can be fatal. At the same time, Bexar County has already seen 11 intoxication manslaughter cases this year, and around 5,000 people have been pulled over for driving while intoxicated.
But now, a person who kills a parent or guardian while driving under the influence can be forced to pay child support for years.
Bentley’s Law, which passed the Texas Legislature as HB 393 this year, requires people convicted of intoxication manslaughter to make restitution payments for the support of a child whose parent or guardian is a victim. It is named for a similar law passed in other states stemming from a case in Missouri.
Mothers Against Drunk Driving supported passing the law in Texas this year and MADD Regional Director of Victim Services Natalie Paulus said it's a big step forward.
"It is one step forward, though it will take a couple of years with the criminal justice process," Paulus said. "It certainly helps hold those who make those decisions (to drive drunk) more accountable for those actions when they are taking lives."
Paulus said it may take some time for the law to be useful as a deterrent, but the bill will help get justice for drunk driving victims. Under that bill, offenders could have to continue restitution payments to a family until a child turns 19.
Even if a drunk driver does not kill or injure a person, Paulus also wants to remind drivers that a DWI charge can still result in people paying thousands of dollars in criminal penalties, fines, and bond payments.
"We do have some of the strictest laws and penalties in Texas," Paulus said. "If you are pulled over, even if you haven't injured or killed someone, it will drastically affect your life financially, personally, and professionally."
Paulus also warns that all drivers need to be careful if they are on the road on New Year's Eve. TxDOT data already shows that DUI related crashes still happen most often on Saturday than any other day and the crashes happen more often between 2 a.m. and 3 a.m. than any other time.
"Be very aware of your circumstances and surroundings when you are out on the road," Paulus said. "We do see some of the highest crash incident numbers during that time period in those early morning hours."