Defendant is charged with BWI on a "personal watercraft" with a horse power of under 50. As I understand it, this means he is not looking at an ALR suspension, or the infamous $3000 in surcharges.

Am I reading the hodge podge of statutes correctly?

Lisa L. Peterson
Nolan County Attorney

The intoxication surcharges do not apply to BWI

If the ALR suspension is under chapter 724, a refusal, then DPS does not have jurisdiction. Motor with a manufacturer's rating of 50 hp or more is part of DPS's burden of proof under 724.042.

If the subject provided a specimen, Chapter 524 does not contain the 50 HP rating language. So, technically DPS can take the DL under Chapter 524 if he blew.

Did the officer issue a notice of suspension, DIC-25?

Yes, and promptly told the defendant that he did not believe that there would be a suspension because of the motor rating. The defendant did blow...makes no sense that if he refused he could keep his DL, if he complied, he loses it!!!

Lisa L. Peterson
Nolan County Attorney

[Yes, and promptly told the defendant that he did not believe that there would be a suspension because of the motor rating.]

That is precisely the reason that when I teach classes on ALR and DWI, I stress to the Troopers that they should just READ the DIC-24 and not "explain" the form (or the DIC-25 for that matter). I think a lot of officers are unaware that if the subject provides the requested specimen and it's an .08 or higher, they receive an ALR suspension--regardless of the watercraft's motor hp. That provision wasn't added until the leg passed SB 328 in 2009.

Janette A