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.

My 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...

I 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.

The 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.)