Texas Man Convicted Of 4th DWI Argues Blood Alcohol Limit Discriminates Against Alcoholics

February 15, 2018 | 2 Comments » | Topics: Story |

A Texas man convicted of drunk driving multiple times argued that applying the state’s blood-alcohol limit of 0.08 is discriminatory to him and other alcoholics, the Statesman reports.

Ralph Alfred Friesenhahn was convicted of drunk driving for the fourth time in 2016. His history of DWI convictions made this a felony conviction with a $1,000 fine and a four-year prison sentence. His defense during the trial, as well as during his appeal that was denied on Friday, was that alcoholics are a protected class under the Americans With Disabilities Act. 

Additionally, Friesenhahn and his lawyer claimed that the law treats alcoholics differently than other DWI defendants because alcoholics are able to function adequately at higher blood-alcohol content better than non-alcoholics, meaning that the 0.08 limit is an unfair standard for alcoholics.

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