A man who resides in San Antonio recently officially filed an appeal against his DWI conviction, stating that the legal alcohol limit of .08 in the state of Texas “unfairly discriminates against alcoholics.” The man was also unsuccessful, as his appeal was denied.

Initially, the appeal stated that alcoholics are able to have a much higher tolerance for alcohol as opposed to non-alcoholics. Furthermore, the man claimed that alcoholics are able to function as normal under the current legal limit, while non-alcoholics could not.

Additionally, the man stated the there were “studies” to prove this apparent theory, as well as stating that there are certain types of federal agencies that classify alcoholism as being a disease. No actual evidence to back this up was able to be provided to the court.

Even more bizarre is that the man also claimed in his appeal that he couldn’t provide evidence that he was an alcoholic and, therefore, was part of the group that was allegedly being unfairly discriminated against.

The appeal was originally filed in response to the court initially denying the man’s request to do away with his original DWI indictment. He ended up getting indicted and found guilty, and was sentenced to a $1,000 fine and four years in jail.

Thank you for visiting Gabriella Young’s blog. I am an Austin criminal defense lawyer. I write about local laws, events and news to keep Austinites informed.