December 20, 2010, 14:50
A. ClingerBWI; Driver's License Suspension
Is there any court ordered driver�s license suspension for a boating while intoxicated conviction? I know that there is a court ordered driver�s license suspension for a driving while intoxicated conviction under Section 521.344 Transportation Code, but I am trying to confirm whether or not there is a court ordered driver�s license suspension for a boating while intoxicated conviction. Please let me know your thoughts.
December 20, 2010, 16:15
Brody V. BurksMy understanding is that there is not a suspension for *conviction* of BWI, since 521.344 specifically references the penal code sections for DWI, Intox Assault and Intox Manslaughter, thus (seemingly) intentionally excluding the sections for boating, flying, and carnival rides.
HOWEVER- the administrative suspensions for refusal under Transportation Code 724 and failing a breath test under Trans Code 524 do explicitly apply to BWI.
So the answer is the persons license is suspended as the result of a BWI, but not by automatic court order under 521.344. Of course, remember that the judge could just go ahead and include it as a term of probation if it's tailored to meet the persons rehabilitation...
December 21, 2010, 10:57
Boyd KennedyI keep a cheat sheet handy for when this question comes up. Mr. Burks is correct, with one exception.
Refusal: Suspension if the boat is powered by a 50hp or larger engine per the manufacturer's rating. No suspension for watercraft powered by smaller engines. 724.002
"Failing" a breath or blood test: suspension. 524.011
Conviction: No automatic suspension.
December 21, 2010, 11:29
Brody V. BurksThe lesson, as always:
Drinking while piloting your bass boat- license suspension.
Drinking while piloting the
USS Constitution- no suspension.
(Thanks for catching that Boyd, I just did a search on the statute references, and missed the 50hp language.)