Boating While Intoxicated

Boating While Intoxicated Attorneys in Pearland, Texas Preventing False Boating While Intoxicated Accusations

Enjoying a boat in Texas, with its beautiful lakes and waterways, is a common pastime. However, the fun can quickly turn into a legal issue when alcohol and unsafe boating behavior are involved. Water safety patrol has its own set of rules when investigating boating under the influence (BWI), which can differ from DUI regulations.

It’s not unusual for boaters to face false accusations, even if they haven’t exceeded the legal alcohol limit. At Alston Landry Law Firm in Pearland, Texas, our experienced BWI lawyers can guide you through boating while intoxicated prevention and help minimize the consequences, which may include substantial fines, potential jail time, and license suspension.

Consult our skilled BWI attorneys to discuss the specifics of your charges and explore potential resolutions for your case: 713-804-6698.

Understanding Boating While Intoxicated (BWI)

Overindulging in alcohol while boating is a serious matter. According to Texas Law, excessive drinking is the leading cause of boating accidents and fatalities, especially when boat operators have a blood alcohol concentration (BAC) level of 0.08 percent or higher.

Unlike driving, it’s not illegal to enjoy a few drinks while boating, as long as you remain below the legal limit. However, if convicted, individuals can face jail time ranging from days to years, especially for repeat offenses or BWI incidents involving aggravating factors such as bodily injury or manslaughter.

To avoid BWI charges, responsible boat captains must ensure safety on the waterways. This includes moderate alcohol consumption, ensuring life vests are worn, and having enough life-saving equipment on board. Prioritizing water safety is paramount for all boaters.

Boating While Intoxicated Charges in Texas

BWI penalties mirror those of DWI in Texas. Boaters can receive fines and, in certain circumstances, jail time and license suspension.

For a first-time BWI offense, individuals face a class B misdemeanor, fines up to $2,000, and a jail term between 72 hours and 180 days. However, if the incident involves bodily injury or fatalities, the penalty can escalate to two to ten years in prison and fines of up to $10,000.

Second BWI offenses result in class A misdemeanor charges, $4,000 in fines, and jail time ranging from 30 days to one year. Third BWI offenses lead to third-degree felony charges, imprisonment for two to ten years, and fines of up to $10,000.

Boat Operation Requirements in Texas

To operate a boat safely, all boaters must complete a boater education course and meet the qualifications. People aged 13 or older can operate some watercraft in Texas under adult supervision with a Boating Certificate issued by Texas Parks & Wildlife.

For individuals to legally operate watercraft, they must be 18 or older, and an adult must be present with any child under 13 during boat operation.

Regarding alcohol, it is not illegal to have open containers and consume alcohol on a boat, as long as you do not exceed the legal limit. Keep in mind that law enforcement frequently encounters intoxicated boat operators during safety checks or stops.

Possible Defenses to a BWI Charge

Facing BWI charges requires a solid understanding of the potential consequences, determining whether law enforcement acted appropriately, and evaluating if you’ve been wrongly accused.

Hiring an experienced attorney is vital for building a defense in any situation. Our attorneys may utilize the following strategies to challenge a BWI charge:

• Demonstrating a rising BAC during the field sobriety test
• Highlighting improper handling of a blood sample
• Pointing out inaccuracies in breath or blood alcohol tests
• Showing improper administration of field sobriety tests
• Identifying insufficient or lacking evidence

A BWI case can be dismissed with a strong defense, uncovering mistakes, errors, inconsistencies, or improper police procedures. With our legal counsel, we expose these vulnerabilities to your advantage. Contact our firm to schedule your BWI case consultation: 713-804-6698.