Texas lawmakers call for tougher DWI laws after crash involving Fort Worth family
North Texas lawmakers are calling for stiffer penalties for intoxicated drivers after three members of a Fort Worth family were killed in a November 2023 crash.
Lauren and Zach Muckleroy, 44, and their two children — 12-year-old Judson and nine-year-old Lindsay — were on their way to a family member’s house for Thanksgiving when Marine 1st. Lt. Connor McKim, driving north, veered into the southbound lanes of U.S. 281 in Blanco County.
“They never arrived,” Rep. Charlie Geren, a Fort Worth Republican who is carrying the Senate bill in the Texas House, told a panel of lawmakers on May 8.
McKim had a blood alcohol content more than three times the legal limit and was driving about 83 mph when the speed limit was 70 mph, according to a report from the Texas Department of Public Safety. He also died in the crash.
“The consequences of driving while intoxicated endanger the loves of every person on the road, and too many Texans have become victims,” Geren said to members of the House Subcommittee on New Offenses and Changed Penalties.
Senate Bill 2320 increases the penalty for driving while intoxicated for first-time offenders from a Class B misdemeanor to a Class A misdemeanor, which is punishable by up to one year in jail and/or a fine of up to $4,000.
It would be a state jail felony if the driver had previously been convicted of driving, flying, boating or operating an amusement ride while intoxicated.
It would also be a state jail felony if the driver’s blood alcohol content was .15% or more, according to the bill. A person is considered legally intoxicated in Texas if their blood alcohol content is .08% or higher.
A state jail felony in Texas carries a penalty of between 180 days and two years in jail and a possible fine of up to $10,000.
Lauren Muckleroy testified in favor of the bill when it was considered by a Senate committee on April 1.
“I don’t remember much from that day, but I will never forget a state trooper telling me all three of them were gone,” Lauren Muckleroy said.
She was hospitalized after the accident and was released Dec. 1.
“My entire family was gone in a senseless instant, but they weren’t gone because of a freak accident or because we were just in the wrong place at the wrong time,” Lauren Muckleroy said. “I lost my entire family because of an irresponsible and selfish choice.”
Tarrant County Sheriff Bill Waybourn also spoke in support of passing the bill during the Senate hearing in April.
Defense attorneys testified against the bill on Thursday, including a representative from the Texas Criminal Defense Lawyers Association.
Some who spoke raised concerns about how the bill would affect first-time offenders.
“You don’t have to be a bad person to get a DWI,” said Mark Thiessen, a defense attorney specializing in DWI cases.
Thiessen agreed that there should be felonies in cases of intoxicated manslaughter, intoxicated assault and in cases where the driver has multiple DWIs.
“We’re not here about that,” he said. “But to make it a felony over a .15 is going to ruin a lot of lives.”
In addition to escalating punishment for first-time offenders, the proposed change in law would strain already overloaded courts and jails, said Douglas Huff, a Dallas defense attorney.
He also noted that the bill would increase the penalty if a person got a second DWI, regardless of how long ago the first DWI occurred.
Geren said he’s open to changing the bill as it relates to first-time offenders.
“I don’t disagree with them,” Geren said. “We possibly can make some changes in this bill for first- time offenders that don’t hurt or kill somebody.”
The bill, authored by Rep. Phil King, a Weatherford Republican, passed out of the full Senate on April 9 on a 28-2 vote. It must be approved by the full Criminal Jurisprudence committee before heading to the House floor for consideration.
“This bill is about protecting your children, and grandchildren, and loved ones,” said King, a former police officer, during the Senate hearing. “Frankly, I’m just kind of fed up at this point.”
Lawmakers have also proposed naming a portion of U.S. 281 in Blanco and Burnet counties the “Muckleroy Memorial Highway.”
Zach Muckleroy was the CEO of Muckleroy and Falls construction company, based in Fort Worth, and is remembered as being deeply devoted to his family and loved ones. Judson had a big smile like his father’s and Lindsay was fierce but sweet, the Star-Telegram previously reported.
A “really good Fort Worth family” was affected, Geren said.
“It’s personal to me, and I’ll admit that,” Geren said, adding that he’s happy to work with defense attorneys on the legislation.
Staff Writers Nicole Lopez and Lillie Davidson contributed to this report.
This story was originally published May 8, 2025 at 6:08 PM.
