Boating While Intoxicated
Boating While Intoxicated (BWI)
Can I be Arrested for Drinking and Driving a Boat in Texas?
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If you’re out on a boat in one of the many great bodies of water in Texas, you need to know you are increasingly vulnerable of being wrongfully arrested for boating while intoxicated. Unlike driving in a car, it is not unlawful to consume alcoholic beverages while operating a boat, or other watercraft, so long as the operator does not drink so much to become legally intoxicated (not having the normal use of your physical and mental faculties due to the introduction alcohol or a drug, or above a 0.08% alcohol concentration). It is commonplace--and perfectly legal--for people enjoying a hot Texas summer day on a boat or watercraft to enjoy a a cold beer, wine, or drink.
What is it?
According to Texas Penal Code Ann. § 49.06, a person commits the offense of boating while intoxicated if the person is intoxicated while operating a watercraft. Texas Penal Code Ann. § 49.01(4) defines watercraft as “a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.” A conviction will require the satisfaction of one of the following elements:
The offender operated a watercraft while impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties;” or
The offender operated a watercraft while having a blood, breath, or urine alcohol concentration (BAC) of 0.08% or greater.
Texas law enforcement are now using a series of “float tests,” or seated sobriety exercises, to justify arresting someone for boating while intoxicated. These are “float tests” are police tools created by police officers for police officers. The float tests are seated sobriety exercises, and were not created by doctors or scientists. The seated sobriety exercises are found in the National Association of State Boating Law Administrators in their Boating Under the Influence Seated Battery Transition Training Course, Student Manual.
5 Things to Remember About BWI in Texas:
Unlike DWIs, it is not unlawful to have open containers and to be drinking on a boat while it is being operated.
Unlike DWIs, law enforcement may stop your boat and conduct a routine safety check without any suspicion that there has been alcohol or drug consumption.
Like DWIs, a BWI conviction carries with it steep fines and jail time, and the latter increases with any priors or enhancements.
Like DWIs, many BWIs are cited after the boat operator violated another boating rule and by doing so, caught the attention of the officer.
Like driving under the influence offenses, if you are under the age of 21 and suspected of drinking while operating a boat, you can be charged with a boating under the influence (BUI) offense.
You have 15 days to save your License.
If you've been arrested for a DWI in the state of Texas, you are facing two cases against you. The first one is the criminal case by the state of Texas, and the other is by the Texas Department of Public Safety to suspend your license.
BOATING WHILE INTOXICATED: CONSEQUENCES OF A CONVICTION
The penalties for a Texas BWI depend on a number of factors, including prior DWI or BWI convictions, if there was an accident and if that accident caused serious injuries or death. (Tex. Penal Code Ann. §§ 49.06, 49.07, 49.08, 49.09.) The penalties are basically the same as a DWI conviction.
FIRST TIME BWI or DWI OFFENDER
For first time offenders, penalties for a BWI conviction with a Breath or Blood Alcohol Content (BAC) less than 0.15 includes the possibility of a fine not to exceed $2,000 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 days up to 1 year (Class B Misdemeanor). However, if your BAC is 0.15 or higher, the fine can increase up to $4,000 and/or a jail sentence up to one year in County Jail (Class A Misdemeanor).
There’s still hope for first-time offenders who are convicted of BWI or DWI:
For first time offenders with a BAC that ranges from 0.08 to 0.14 may apply to have the record “sealed” (also known as a “non-disclosure”) two years after successful completion of your probation. Your probation must include having an ignition interlock device (breathalyzer for your vehicle) for a minimum of 6-months. Having your record “sealed” or the non-disclosure being granted, will restrict the public of your criminal record. Call Chris for more information about this opportunity of having your BWI or DWI conviction “sealed”.
SECOND TIME BWI or DWI OFFENDER (CLASS A MISDEMEANOR)
For second time offenders of DWI, penalties for a second conviction may include a fine not to exceed $4,000 and/or jail time from 30 days up to 1 year in County Jail. Lastly, this may also include a driver’s license suspension ranging from 180 days up to 2 years.
THIRD TIME OR MORE BWI or DWI OFFENDER (3rd DEGREE FELONY)
For third DWI offense, you may receive a fine not to exceed $10,000 and/or a prison sentence of 2 to 10 years in state prison (not county jail), and a driver’s license suspension ranging from 180 days up to 2 years. Also, a felony conviction also disqualifies you from voting and possessing a firearm. Lastly, felony convictions are renown throughout the community as “career-killers” and one of the first inquiries by employers on job applications on whether you’re a convicted felon or not.
INTOXICATION BWI ASSAULT OFFENSE (3rd DEGREE FELONY):
If you are arrested for Intoxication Assault, that means you were in an accident that resulted in serious bodily injury and the accident was caused by intoxication. “Serious Bodily Injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Intoxication BWI Assault is a 3rd Degree Felony that consists of a fine not to exceed $10,000 and/or a prison sentence of 2 to 10 years in state prison (not county jail), and a driver’s license suspension ranging from 180 days up to 2 years.
INTOXICATION BWI MANSLAUGHTER OFFENSE (2nd DEGREE FELONY):
If you are arrested for Intoxication Manslaughter, that means you were in an accident that resulted in a death and the accident was caused by intoxication. IF convicted of this 2nd degree felony, you could be facing a maximum fine of $10,000 and/or a prison sentence of 2 to 20 years in state prison (not county jail). If you are granted probation, you must serve a minimum 120 day county jail sentence. (WARNING: if your watercraft was driven in a manner that classified it as a “deadly weapon”, then there is an additional penalty that prohibits “good time” in prison as consideration to the parole board for early release until at least half the sentence has been completed).
Ultimately and as previously stated, a felony conviction also disqualifies you from voting and possessing a firearm. Lastly, felony convictions are renown throughout the community as “career-killers” and one of the first inquiries by employers on job applications on whether you’re a convicted felon or not. Call your attorney Chris for more information on how he can protect you, help save your career, and preserve your freedom!
Other consequences are a result of the criminal record that a conviction establishes. These collateral consequences include an increase in car insurance premiums, and difficulty obtaining jobs, admissions to higher education institutions, educational loans or scholarships, housing.
Contact Denuna Law Firm Today
Technical expertise and aggressive defense counsel are a must in the face of a BWI charge. Denuna Law Firm has the talent and dedication you need to fight back against these charges, and we are not afraid to go to court for you. We are available 24 hours a day, 7 days a week.