March 17, 2015, 16:22
Panhandle NativeBoating While Intoxicated
Does anyone know, just offhand, if a DIC-17 must accompany a conviction for Boating While Intoxicated? Thanks,
March 19, 2015, 11:20
Panhandle NativeJust to let you know, a Game Warden wandered into the office yesterday, and he told me that if the boat is equipped with a motor larger than 50 horse power, then yes, a BWI conviction carries a driver's license suspension.
March 19, 2015, 15:08
Robert S. DuBoiseSee that now. It's in the definitions of §524.001 under definition of an alcohol related contact:
(3) “Alcohol-related or drug-related enforcement contact” means a driver's license suspension, disqualification, or prohibition order under the laws of this state or another state resulting from:
(A) a conviction of an offense prohibiting the operation of a motor vehicle or watercraft while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled substance;
(B) a refusal to submit to the taking of a breath or blood specimen following an arrest for an offense prohibiting the operation of a motor vehicle or an offense prohibiting the operation of a watercraft, if the watercraft was powered with an engine having a manufacturer's rating of 50 horsepower or more, while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled substance; or
(C) an analysis of a breath or blood specimen showing an alcohol concentration of a level specified by Section 49.01, Penal Code, following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated.
March 19, 2015, 15:17
J AnsolabehereI checked our current forms list and there is no DIC-17 form listed.
March 19, 2015, 15:41
Robert S. DuBoiseI think the form changed to a DL-117--Notice of Conviction sent by the Court to DPS. And even that form may have been superseded now.
March 19, 2015, 16:41
Brody V. BurksYou see, we're the putting cover sheets on all TPS reports before they go out. Did you see the memo about this?