Will Texas Adopt Bentley’s Law?

Houston drunk drivers already pay substantial penalties if they are arrested and convicted. Pretty soon, they could have something else to worry about—child support payments to the family of their victims. A woman in Missouri is trying to get states to adopt Bentley’s Law.

Bentley’s Law will make drunk drivers responsible for paying maintenance to the children of any person they kill in an accident. The law was first introduced in Missouri, and according to KHOU, Tennessee has just adopted the law. Texas legislators are also considering adoption.

 A Life Changed in An Instant

Cecilia Williams lost three family members to a drunk driver in 2021—her son, his fiancée, and her grandson. According to CBS News, the family was rear-ended by a man whose blood alcohol concentration was twice the legal limit. The car slid off the road and crashed, killing the occupants.

Determined to make a difference, Williams conceived of the law that is now known as “Bentley’s Law.” If adopted, a drunk driver who kills a parent will be responsible for paying maintenance to the deceased’s children until they reach 18, or possibly later if they seek additional education.

Tennessee was the first state to adopt the law this July, though similar bills are pending in about two dozen other states. Texas is continuing to consider whether it should adopt the law.

By its terms, the obligation would kick in only if you are charged with intoxication manslaughter. If no one dies in the accident, then you wouldn’t need to pay maintenance to anyone.

Is Bentley’s Law Coming to Texas?

Williams has set an ambitious goal of having legislation adopted in all 50 states by the end of the year. Although it was first proposed in Missouri, the state failed to adopt it. Some legislators have expressed concern that drunk drivers might not have the funds to pay, in which case there might be pressure for the taxpayer to step in and pay maintenance.

This is a reasonable consideration. A person convicted of manslaughter will probably be sentenced to prison. It’s hard to earn a living to pay child support in those circumstances.

These considerations have not deterred advocates. On the group’s Facebook page, individuals have pledged to get the bill adopted by the Texas legislature. Currently, someone convicted of intoxication manslaughter could possibly face up to 10 years in prison, fines, and a license suspension. Paying maintenance would certainly increase the costs of a drunk driving arrest dramatically.

Arrested for DWI in Houston?

Contact A Defense Attorney Today!

At Tad Nelson & Associates, we keep an eye on new and proposed bills that could impact our clients. Bentley’s Law, if passed out of the legislature, would certainly add new hurdles to DWI defendants hoping to move on with their lives. They would face more financial commitments, which could stretch for decades. It could take up to 20 years to finally repay your debt to society.

If you’re facing criminal charges in Greater Houston area for DWI or know someone else who’s having trouble, Tad Nelson will provide excellent legal representation in and out of court. Call us today to schedule your free consultation. Our phone number is 281-280-0100.