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Here are some columns specifically aimed at spring breakers. For general legal advice not necessarily pertaining to spring break, go here.  Fake ID's and the Perils of Walking While Intoxicated - see how new laws can affect your spring break

Drunk-Related Public Lewdness Sexual Assualt Sleeping on the Beach

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Bacchanalian Revelries tend to account for most Spring Breaker arrests. Whereas it is more difficult to get arrested in Mexico and more difficult to get released, on the Island it is easier to get arrested and easier to get released. Five Hundred Bucks fine or bond will ordinarily spring a Spring Breaker for the offenses of Disorderly Conduct, Public Intoxication, Simple Assault and DWI first offense. Public Intoxication, Sec. 49.02, Texas Penal Code insists that if a person appears in a public place intoxicated to a degree that he is a danger to himself or others he is in violation of the law. Some college students generally feel there is no better way to appear in public. If they are your friends get them inside. A reminder here: the legislature has decreed that the beach is a public place.

If you are under 21 and compelled to drink you can be prosecuted for the beer in your hand but not in your stomach. In other words, if you are arrested for public intoxication and are under the age of 21 years you will not be arrested for Minor In Possession of Alcholic Beverage. Two crimes for the price of one. It will cost you $500.00 and not $1000.00 to purchase your freedom. Remember your condo is not a public place nor is your hotel room and you do have constitutional protections. Under ordinary circumstances law enforcement officers will not enter your condo or hotel room without your permission (the exceptions are legion.) Once you freely and with your own will admit them, they won't leave right away and you will be held accountable for whatever they find.

Drinking in a motor vehicle is frowned upon if not done so in a private garage with the door locked. Sec. 49.03 Texas Penal Code forbids drinking in automobiles, power boats, while on jet skis or motorcycles and even in airplanes if you have one. There just no good reason to drink and drive on this Island. From Joe Buck's on the south end to Kelly's Irish Pub up north the distance is less than five miles.... just a gentle walk up the beach. However, if you are staggering up the beach and can get no further than Boomerang Billy's -- call a cab. They'll take you anywhere on the Island for $3. (Be careful here. In the past some students have mistakenly jumped in the back of police cars, thinking they are cabs, and have demanded to be taken to Louie's. Definate public intoxication and $500.00 to get out of jail.) If you are saving your three bucks for a pitcher of beer take the bus. It's free.

The fact is you are going to drive. If you are stopped for any traffic violation and you have had a few beers (no one ever has more) you will be asked to give a roadside demonstration of your gymnastic prowess. You will be asked to stand on one leg, close your eyes and tilt your head back while touching your nose with alternating forefingers. A further mandory requirement is the old reliable walking a str aight line test. You do these for the delight and amusement of the arresting officer and I promise you YOU WILL FAIL. Next comes the demand that you submit a sample of your breath for analysis. If the 210 liters of breath the machine extracts contains .08 alcohol, you will be charged with DWI. If it contains less (fat chance) you will be released. Forget about a blood test. You don't get one. If no breath sample is given you will be arrested and if you go to trial the state must prove, beyond a reasonable doubt, that you did not have the normal use of your mental or physical faculties because of the ingestion of alcohol, drugs, controlled substances or a combination of two or more. Sec. 49.01, Texas Penal Code.

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The bottom line here is that five hundred bucks is a lot of pitchers of beer and that's what you are here for. That and girls .... which will be addressed in my next posting.

Mike McNamara has been representing Island drunks and other assorted miscreants for more years than he cares to remember. If you have a general, spring break -related question of a legal nature, you can e-mail him and - if you ask real nice you might even get a personal reply.