24 Sep 2013
The answer is just one – if, that is, the conviction leads to a sentence of life in prison.
It may sound a bit strange, but that’s what happened last week after a Hays County jury returned a verdict that 54-year old San Marcos resident Rose Ann Davidson was guilty of driving while intoxicated. It was her sixth DWI conviction since 1996. At the time of her latest arrest in July of last year, Davidson was on parole, having been released after serving time in prison for a 2010 DWI conviction.
Davidson was driving an SUV the night of her most recent arrest, when the car was spotted by an officer swerving on the road. He stopped the vehicle, and under questioning by the officer, Davidson said she had two beers earlier in the evening. Field sobriety tests were administered, after which she was taken to the hospital, where blood was drawn, and it showed a blood alcohol content (BAC) of 0.21. That’s about two and a half times the legal limit. Absent a successful appeal, the bottom line is that drinking and driving has led to a woman throwing away the rest of her life, or at least the better part of it.
Strangely enough, this isn’t the first time a Hays County jury has issued a life sentence for a convicted DWI offender. In fact, just last November, a 64-year old man, Luis Govea, received his fifth drunk driving conviction, and was sentenced to life. He must serve at least 15 years in prison before he will be eligible for parole. The life sentence in Govea’s case was the result of a finding that he was a habitual felony offender under section 12.42 of the Texas Penal Code. The report on Ms. Davidson did not indicate the basis for the life sentence, but we assume it may have likewise been the result of multiple felony convictions.
A Hays County Assistant District Attorney points to the Davidson and Govea cases as an indication that a shift has occurred in the public’s view of drunk driving.
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