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TX BWI, LA Driver's License

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brannon75

Junior Member
I was arrested in June for "Boating While Intoxicated" in Harrison County, Texas. I am a resident of Louisiana and have a Louisiana Driver's License. On the day of the arrest, the game warden pulled me over for a life jacket check, asked if I had been drinking, and then asked me to perform SFT after I blew 0.13 into his handheld while still on the water. On land, I performed SFTs (which arresting officer told me I did well on), was arrested (based on eyes/handheld blow), and subsequently refused to blow/submit to blood test additionally. There was NO video involved of the arrest. Later, the officer got a warrant to draw blood, but the blood wasn't drawn until approx 2.5 hours after initial stop on the lake due to distance to county seat and difficulty obtaining warrant. So, my questions are this... (1) Does the state have a case with no video and waiting so long to draw blood? (2) If convicted, when TX submits the conviction to LA DMV to notify them to hold a hearing for my license suspension, can LA suspend my driver's license if LA doesn't have a "Boating While Intoxicated" charge? The only charge in LA is Driving While Intoxicated/Under the Influence.
 


FlyingRon

Senior Member
Everybody thinks they did well on the FSTs.
Unless you're alleging they let you drink while you were in custody, the delay isn't going to make the test results any less damaging.
They've been doing pretty darn well on these BWI conviction rates of late.

I think you are OK. The interstate compacts, etc... usually don't make boating related offenses and suspensions transferrable.
 

TheGeekess

Keeper of the Kraken
I was arrested in June for "Boating While Intoxicated" in Harrison County, Texas. I am a resident of Louisiana and have a Louisiana Driver's License. On the day of the arrest, the game warden pulled me over for a life jacket check, asked if I had been drinking, and then asked me to perform SFT after I blew 0.13 into his handheld while still on the water. On land, I performed SFTs (which arresting officer told me I did well on), was arrested (based on eyes/handheld blow), and subsequently refused to blow/submit to blood test additionally. There was NO video involved of the arrest. Later, the officer got a warrant to draw blood, but the blood wasn't drawn until approx 2.5 hours after initial stop on the lake due to distance to county seat and difficulty obtaining warrant. So, my questions are this... (1) Does the state have a case with no video and waiting so long to draw blood? (2) If convicted, when TX submits the conviction to LA DMV to notify them to hold a hearing for my license suspension, can LA suspend my driver's license if LA doesn't have a "Boating While Intoxicated" charge? The only charge in LA is Driving While Intoxicated/Under the Influence.
DWI - Boat operators who are driving while intoxicated (DWI) with a blood alcohol content of .08 and higher face the same penalties as someone operating a vehicle on the highway. Penalties include the suspension or revocation of boating privileges and driver's license. A designated sober operator is a must for both the roadway and waterway.
Rules of the Road for Vessels | Louisiana Department of Wildlife and Fisheries
Out-of-State DUIs Overview
The Interstate Driver's License Compact and DUI License Suspension
Alcohol and Drugs - Louisiana Boating License Laws and Safety Guide
 

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