Boating While Intoxicated in Texas: a brief comparison

 

 

With the dawn of summer and Memorial Day weekend, many people will take to the area lakes and rivers for recreation with family and friends. The increased water traffic will necessarily draw an elevated law enforcement presence. Inevitably, many people will find themselves in the position of being investigated for Boating While Intoxicated.

 

Is Boating While Intoxicated as serious as Driving While Intoxicated?

 

Yes, they are equal in seriousness. The Texas Penal Code in section 49.06 says a person commits an offense if they are intoxicated while operating a watercraft. BWI and DWI share the same penalty range and potential collateral consequences. For example, if you have a prior DWI conviction, and get arrested for Boating While Intoxicated, you will be charged with a second offense enhancing the charge and range of punishment from a Class B to a Class A misdemeanor. Or, if you have two prior DWI convictions, and you get arrested for BWI, it will be treated as a third offense, enhancing to a 3rd degree felony,

 

Can police stop you for any reason on the water?

 

Yes. Police do not need reasonable suspicion or probable cause to stop you on the water. If you are in a boat, on a jet ski, or other “watercraft” police can make contact at any time to conduct a “safety check”. This is distinguishable from driving a vehicle where courts have found a minimal privacy interest that would require law enforcement to have reasonable suspicion that a crime is or has been committed in order to make contact with you. A side note to this is that the Boating While Intoxicated statute does not require you be in a “public place” like the DWI statute.

 

Do I perform field sobriety tests on the boat?

 

No. In Boating While Intoxicated investigations where police conduct field sobriety tests, the suspect will be taken to the shore and given fifteen minutes to regain their “land legs” before any agility exercises will be performed. If police do not follow this regulation, they jeopardize the validity of any results they think might have been observed.

 

Can I refuse to take a breath or blood test during the BWI investigation?

 

Yes, and you should. Your driver’s license could still be subject to an administrative suspension like in a DWI case, but we can fight that, too.  We will request the separate and independent administrative action and subpoena all the officers involved to testify, under oath, why you were arrested.

Do ‘No Refusal’ policies apply to BWI cases?

 

Yes, unfortunately. You should expect ‘No Refusal’ to be the norm on all BWI cases. Memorial Day, July 4, and Labor Day weekends for certain will be ‘No Refusal’ but so will a random Tuesday in June. I still believe you should refuse to consent to a breath or blood test in most cases. If the police wish to seek a search warrant, then that’s within their purview of their duties. Sometimes judges will grant the warrants, sometimes they won’t. It is up to the officer to obtain the necessary probable cause. You do not have to give it to them voluntarily.

 

If you have any questions about a BWI case, or you need legal representation, please don’t hesitate to contact me. The right lawyer can make all the difference. Even if you think there is no chance to win, call me, let me show you what I can do.

Feedback

  Comments: 5

  1. agen foredi makassar


    This condition iss may also be a clnsequence of bruise, injury
    or swelling from the limbs at the time of tthe prregnancy oof the woman. Better lung volumes typically consume a
    healthy spinal column theough chiropractic therapy.
    Once you might be carrried out wikth this you will be given a glass oof water
    so you remain well hydrated in advance.


  2. Hello, after reading this amazing post i am also cheerful to share my
    know-how here with mates.


  3. Youu can bet the Wiii Sports Resort can also bee very hard too find in thee event it first comes
    out. s act without Gellar or his manager beinhg able to see them before filming.
    But often they may be seen with dissatisfaction yet still put a matter for not receiving
    the proper services.

  4. distributor foredi di pinrang


    However, you’ll find measures which can be put spot to just be sure you don’t turn into a victim
    of external factors. Each face toning exercise needs
    to bee performed for aat least 1 minute daily, but with greater
    regulariy and for longer on each acupressure poinmt iis
    recommended. Men’s pleasant appearance and youth are dependent largely
    foor the firmness and evenness of tthe complexion.


  5. The same substances that trigger your hay fever symptoms could also cause asthma signs for example
    shortness off breath, wheezing aand chest tightness.

    Treatment method can as well as cope with any
    other accompanying indicators, for instance eczema or decreased
    immunity. You can nnow easily grab this solution online from its official
    website.

Your feedback

Recent Case Results

  • Possession of Marijuana
    • Client J.H.

      Travis County
    • Case Result
      Dismissed
  • Driving While Intoxicated
    • Client J.N.

      Caldwell County
    • Case Result
      NOT GUILTY
  • Assault with Deadly Weapon
    • Client C.L.

      Travis County
    • Case Result
      Dismissed
  • Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry.
    Vonnie
  • I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue.
    Julie
  • Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage.
    Todd
  • Five star rating. Very professional. I would recommend Will Mitchell to anyone in my situation.
    Patricia
Contact me for a

free consultation

Contact Me Now