Summer is a great time to go out on the water with friends and family just to relax. But an arrest for BWI will throw a wrench in anyone’s summer plans. The legal team at Tad Nelson encourages everyone to drink responsibility while out on the water, even if you aren’t piloting a boat. Any accident could throw you overboard, and it’s much harder to swim when you have had one too many drinks or done some drugs.
Call our law firm to speak with a BWI defense lawyer about any arrest for boating while intoxicated, or any drunk driving charge. We have helped thousands of people like you maintain their freedom.
How Much Can You Drink?
BWI charges are very much like DWI charges. Under Section 49.06 of the Texas Penal Code, you have broken the law if you operate watercraft while intoxicated.
The statutory definition of intoxicated is the same for BWI as DWI: your alcohol concentration is 0.08 or higher, or you do not have normal use of your faculties due to alcohol, drugs, or some combination. Put differently, you can be arrested and convicted even if you have just a little alcohol in your system, provided you can’t operate the boat safely.
Some people are arrested after boat accidents, but others are caught by police who love to get in a boat of their own and patrol the water.
Penalties for BWI
The penalties are also similar. A first offense is a Class B misdemeanor, with at least 72 hours in jail, although you could ultimately get up behind bars for a maximum 6 months for a conviction. You will also need to pay fines and other penalties.
If you have a child passenger (younger than 15 years of age), then you can get hit with a state jail felony. That means up to 2 years in jail for one BWI offense.
If someone gets hurt while you operate a watercraft, then you can face intoxication assault charges, a third-degree felony. A conviction for even a first offense would mean up to 10 years in state prison.
Prior DWIs will count as prior offenses, possibly increasing the penalties, including time behind bars.
Why You Should Not Drink and Boat
You need to be careful about what you drink while on the water. For example, the extreme heat and sun could cause you to sweat and become lightheaded—even without any alcohol in your system. Add even one or two drinks, and your coordination and concentration could be shot. It’s hard to argue in your defense that the sun is to blame if you have any drugs or alcohol in your system. For this reason, it’s best not to drink.
There’s also the issue of what happens if you get into an accident. As mentioned above, you could be tossed overboard and drown because you lack coordination or can’t see properly.
Passengers shouldn’t drink, either. For example, it’s not unusual for the boat operator to step away briefly and for someone else to take the wheel. In fact, this is more common on a boat than in a vehicle. You never know when the police might flag you down, and you don’t want to be at the controls while intoxicated.
Further, if you run aground or the boat catches on fire, you could be tasked with trying to help people get into life jackets or a lifeboat. That’s harder to do when intoxicated.
You’ve Been Arrested—Now What?
Unfortunately, some people can’t pass up the chance of mixing alcohol and watercraft. Now you’ve been arrested for a stupid mistake. Is there any hope?
Call Tad Nelson. Our law firm has defended thousands of DWI cases. We know how to defend boating while intoxicated charges and are available to help anyone in the greater Houston area. Some common defenses are to challenge the legality of the stop or even attack the physical evidence, like a breath test. We can also talk to witnesses who might testify that you were in full control of the boat. That’s a good defense if you had a few drinks but are below the legal limit.
Schedule a Consultation as Soon as You Come Ashore
After an arrest, defendants need immediate assistance before evidence disappears and memories fade. Contact us to schedule your free consultation with Tad Nelson or another remember of his team. We have crafted an approach to DWI cases which pays big dividends for our clients.
Let us review your case today! Schedule your free consultation by calling 281-502-2122.
