The Civil Rights of Alcoholism

Over the years we have heard many attempts to explain DUI arrests. Excuses ranging from faulty testing equipment to over application of mouthwash. In some of these cases the defense held up, no matter how outlandish and unlikely it may have seemed. However, I don’t think there has ever been an instance where a defendant in a DUI case argued in his defense quite like this.

Last month, Ralph Alfred Freisenhahn of San Antonio, Texas argued that his 4th pending DUI conviction should be thrown out because it “discriminates against alcoholics”.

Freisenhahn argued that alcoholics were being unfairly judged by the standards of their non-alcoholic peers. He argued that the state limit of .08% unfairly discriminated against alcoholics who were imbued with higher tolerance levels. His conclusion was that applying this limit to the “protected class” of alcoholics was illegal and discriminatory. Authorities rebutted by simply stating that all DUI defendants are treated alike regardless of status. While also reminding Mr. Freisenhahn and his attorney that alcoholics are not a protected class of course.

It was a bold attempt but ultimately Freisenhahn was convicted of his 4th DUI. He may have lost his appeal, but you don’t have to. Get yourself the best defense you can, find yourself a Former Prosecutor today!

 

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