Texas No-Refusal Weekend

Refuse What?

For the first time in history, an entire state, Texas, will implement the "no-refusal" policy concerning suspicion of Driving/Boating While Intoxicated.  This policy is regularly implemented at the city or county level during holiday weekends, but over the 2011 4th of July weekend, the entire state will implement this policy.

Texas DWI Law

In Texas, if you are suspected of being intoxicated while driving or boating, you can be asked to perform a Breathalyzer Test.  If you register .08 Blood Alcohol Content (BAC) or higher, then you are presumptively impaired and arrested on Driving/Boating While Intoxicated.

You can refuse to submit to this test, but you will automatically lose your driver's license for 180 days just for refusing.  However, some people see it as a gamble to get out of a DWI/BWI conviction because there will be one less piece of evidence to use against them at trial.

Blood Warrant

In Texas, if you refuse to submit to a breathalyzer test to determine your BAC the police must obtain a warrant to draw blood and have it analyzed to determine your BAC.

This weekend, starting at 6pm, Friday, July 1, and ending at 6am, Tuesday, July 5th, all Texas police departments will have a Judge or Magistrate on standby to expeditiously sign these warrants so that police can obtain a blood sample from anyone that refuses to submit to the breathalyzer test.

Safety

The most important thing to take from this is that drinking and driving/boating is stupid and will get someone else, or yourself, killed; so don't do it.  

If you choose to refuse a search, do so respectfully, but be ready for a needle stick in your arm.  If you get arrested though, don't expect to call a mulligan and just give up driving for 6 months because the police will be cracking down.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com

New Texas Boating Laws

To properly kick off Summer 2011, I know many of you will do it by taking to the lake.  Before you hit the water, you should know that your Texas Legislature has recently (as in, over the past couple of weeks) passed new laws specifically for boaters. 

Castle Boat

As we discussed in our last blog, carrying a handgun in your motor vehicle isn't illegal if you meet the simple requirements.  If you're lost, then it's because you didn't read last week, so go do that now.

When you return, you'll be happy to know that HB 0025, which allows the same handgun carrying requirements to "watercraft,"  has been signed into law, but you'll be disappointed that it doesn't go into effect until September 1, 2011.

Wearable Life Preserver

HB 0308 has been signed into law and is effective immediately.  It requires your motorboat to carry at least one "wearable personal flotation device" per person.

Fishing License Exemption

HB 0550 has been signed into law and is effective immediately.  It provides an exemption for the necessity of a fishing license for a resident whose birthdate is before January 31, 1931.

Jet-Skiing 13 year-olds

HB 1395 has been signed into law and is effective immediately.  It reduces the minimum age for operating a "personal watercraft," from 16 years old to 13 years old.

Previously, even persons 16 years of age had to have completed a boating safety course, but it appears that the new law has removed that provision for 13 year-olds.  It also provides guidelines for the operation of a personal watercraft for persons under the age of 13.

Boating in Circles

HB 0596 has been signed into law and is effective immediately.  The old law prohibited boating in a circular course around fishermen or swimmers.  

The new law adds a prohibition on operating a personal watercraft, in addition to boats, in that circular course.  It also adds a prohibition on the circular course around "waterskiing or a similar activity." 

However, it does carve out an exception for making a circle to retrieve a downed or fallen water-skier, or person engaged in similar activity.

Safety

This is far from an exhaustive list on the new boating laws, and there  are others that directly address safety and even one regarding boating accidents.  Stay safe out there on the water and as always, use a little common sense.  

If you have more questions about new legislation or you've been cited for a boating offense, please call your attorney because no website or blog, even this one, is a replacement for individual legal counseling.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.MatthewHarrisLaw.com