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To Breathe or Not To Breathe: The Intoxilyzer 5000
Of Special Interest To Spring Breakers
Q & A
| Hi,
I saw your page on underage drinking during Spring Break on South Padre Island. Are they really as strict as you make it seem? Surely there will be thousands of underage drinkers, how could they be so controlling? If this is true, and I presume you are 21, could you help us out? Thanks.
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They are strict but there is only so much law enforcement can accomplish. All of the clubs require proof of age and will not take anything but a valid driver's license. There are publications which show details of out of state driver's license and show pictures of them as well. However, if you are 18 or older you are still allowed in the clubs. All alcoholic beverages and non alcoholic beverages are served in similar containers. Use your imagination.
On the beach there is always beer whether in kegs or in cans. Law enforcement does check but they can't check everyone. If a minor is caught with a cup of beer or a can in his hand he can be arrested. If he is caught with only alcohol on his breath he probably won't be charged with possession but he could be charged with public intoxication (it's a judgment call by the officer). One must be careful. Mike |
| Hi Mike,
I'm a valley resident a thought you'd like to know you site looks great! By the way, you mentioned it is illegal to drink on a powerboat. Does that apply to captain or guests (or both) and/or sailboats? Thanks. Dean |
BOATS & BOOZE
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Sec. 49.01, Definitions, Texas Penal Code
Sec. 49.03 Consumption or Possession of Alcoholic Beverages In A Motor Vehicle, Texas Penal Code
The definition of motor vehicle is the same as that in Sec. 32.34 Texas Penal Code. Sec. 32.34 Fraudulent Transfer of a Motor Vehicle, Texas Penal Code.
Yes it is illegal to operate a boat while intoxicated but not for passengers to drink on a boat. |
Dear Mike, I am a law nut. I like to know where all laws are and how to find them before the need arises. With that, I can't find the piece of regulation dealing with Minor in Possession. I am sorry but I don't have any photos of "semi-clad large chested babes". Looking forward to being in Padre.
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Dear Just Wondering:
I can't tell what state your message originated from. In Texas you would consult Vernon's Annotated Texas Statutes, Penal Code. In Cameron County we have a law library in our courthouse which is open to the public. Your best bet would be to contact the Bar Association in your area. I am sure someone there would be only too glad to help you. Mike |
| Mike Darling ---- (being really nice)
Can people do fireworks down at the far end of the island where only the 4-wheelers go? I am bringing two lads with me who are dreaming of explosions on the beach? We are staying at the Surf Motel and don't intend to do any fireworks around there...but is it ok at the above mentioned place? Thanks -- Lynn (a Mom) |
FIREWORKS
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Sure. Make certain you are outside of the town limits and not in one of the county parks. Although routinely ignored, posted signs in these areas forbid the use of fireworks. I used to live up at the north end near where you are staying and joined others on the beach in ignoring the signs.
Mike |
| I found your article to be very interesting on the breath test. I gather from your conclusion of the article that one is better off to NOT take the test. Doesn't this automatically cause one to incur financial penalties? I guess what you were trying to express is if one is caught with a buzz, they shouldn't give the state any more evidence than they can get.
Failure to submit a specimen results in loss of driver's license for 90 days. This may prove to be expensive. Our county charges $130.00 to provide an Order, signed by the judge, directing the DPS to grant an occupational license. You cut your throat when you take the test and fail it. The choice remains yours. Cough up the additional $130.00 for an Occupational Driver's License or go to court on your dwi with one hand tied behind your back. In addition, I understand that it is legal for a passenger in a vehicle to have an open alcoholic container, but the driver may neither be drinking or have an open container? |
DWI |
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Sec. 49.03 Texas Penal Code
(a) A person commits an offense if the person consumes an alcoholic beverage while operating a motor vehicle in a public place and is observed doing so by a peace officer. (notice he must be observed consuming the beverage. An empty beer can will not fall under this statute. Generally speaking, a half a can of beer won't matter either. The driver must be observed to be drinking. But you never know how one will testify until you hear it.) (b) An offense under this section is a Class C. misdemeanor Sec. 49.04 Texas Penal Code (c) If it is shown on the trial of an offense under this section that at the time of the offense the person driving or operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. Notice these sections apply only to drivers. Some cities in Texas also have open container laws. I am told that these laws refer to passengers as well as operators having open containers of alcohol in the motor vehicle but the penalty rests with the operator of the motor vehicle. Since cities criminal jurisdiction is limited to class C Misdemeanors no jail time is assessed. Mike |
| Mike,
Read your "Good Advice" springbreak articles. Good info, I like your writing style. As a non-Spring-Breaker I have a question about the apparent reference to the N end of the beach being unsafe. Is this only a wild young adult thing. We (the older crowd) vacation fairly regularly (as far back as when the only major hotel on the island was the Holiday Inn) and 4-wheel on a lot. Is there a need for extra caution other than good common sense? From Downtown Dallas, Bud |
BEACH CAMPING
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