Boating While Intoxicated Attorney in Austin

Defending Against BWI Charges in Travis County & Central Texas

Boating while intoxicated (BWI) in Texas refers to the act of operating a boat, watercraft, or any other vessel under the influence of alcohol or drugs, similar to driving under the influence (DUI) on the road. Texas law prohibits individuals from operating a watercraft with a blood alcohol concentration (BAC) of 0.08% or higher, or if their normal faculties are impaired due to the influence of alcohol or drugs. BWI offenses are taken seriously, and penalties can include fines, jail time, suspension of boating privileges, and other severe consequences, depending on the offense's severity.

If you are charged with boating while intoxicated in Texas, seeking representation from an experienced Austin BWI lawyer is crucial. An experienced law firm can help navigate the legal complexities, challenge evidence, and work to mitigate or dismiss charges. At Smith & Vinson Law Firm, our team is well-versed in the specific laws and regulations related to BWI in Texas, providing the necessary expertise to build a strong defense. Given the potential consequences, having a knowledgeable attorney can significantly increase the chances of a favorable outcome, whether through reduced charges, dismissal, or alternative sentencing options. Additionally, our skilled lawyers can guide you through the legal process, ensuring your rights are protected and helping you make informed decisions throughout your case.

For immediate help, contact our Austin BWI lawyers at (512) 359-3743 for a free consultation. We represent clients in Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.

BWI Penalties in Texas

In Texas, it is illegal to operate a boat while intoxicated, just as it is to operate a vehicle. 

A first offense for BWI is a Class B Misdemeanor, and the penalty is the same as that for DWI:

• First-Offense BWI: a fine up to $2,000 and/or jail time up to 180 days
• Second-Offense BWI: a fine up to $4,000 and/or jail time up to one year
• Third-Offense BWI: a fine up to $10,000 and/or jail time of 2-10 years

Additionally, for purposes of sentencing, BWI and DWI are interchangeable. Therefore, if you already have a DWI conviction and you are facing a BWI charge, this will be considered your second offense.

IMPORTANT: 
You only have 15 DAYS from the date of your arrest for BWI in Texas to request an administrative hearing about your driver’s license. If you do not, your driver’s license will be automatically suspended.

The BWI Stop in Texas

In most cases on the road, police must have reasonable suspicion or probable cause (such as following too closely, weaving, or unable to maintain a single lane) to detain you. However, if you are on the water, this is not the case. Whether you are on U.S. waters or Texas waters, either the Coast Guard or a Marine Safety Officer, respectively, may detain you simply to ensure that you are in compliance with water safety law (referred to as a “water safety check”).

During the water safety check, if the officer finds any evidence that leads them to believe the operator is intoxicated, he or she can then begin a BWI investigation. Evidence such as empty beer cans, an odor of alcohol, bloodshot eyes, glassy eyes, open alcoholic containers, or any admissions to drinking and/or being drunk can be used by the officer. If the officer finds any of this evidence, he or she will then likely wish to perform field sobriety tests. 

Remember, you have a constitutional right to refuse to perform all tests.

Field Sobriety Tests in Texas BWI Cases

If detained for BWI, the officer has a few options when it comes to conducting field sobriety tests. The officer may conduct a set of tests on the boat called the Seated Battery, the officer may take you ashore and perform Standardized Field Sobriety Testing (SFST), or the officer may ask you to perform both sets of tests.

Seated Battery of Standardized Field Sobriety Testing

The Seated Battery is a series of tests designed to assess a person's level of impairment due to alcohol or drugs while seated. This battery of tests is particularly useful in situations where the individual cannot stand or walk.

The primary components of the Seated Battery typically include:

• The first test, the Horizontal Gaze Nystagmus (HGN) test, involves checking for involuntary jerking movements in your eye as your gaze moves from side to side. This is an indicator of impairment.
• The second test, the Finger-to-Nose test, requires you to tilts your head back and extend your arms. You would then touch the tip of your nose with the tip of your index finger. This test assesses coordination and motor control.
• The third test, the Palm Pat test, is performed by extending one hand palm up in front of you, while the other hand is placed on top with the palm facing down. You then pat your bottom hand with your top hand, rotating your top hand 180 degrees, alternating between the back and the palm of the hand. The bottom hand remains stationary throughout the test. This evaluates your ability to follow instructions and maintain rhythmic movement.

With all of these tests, the officer is looking for clues or signs of intoxication. You do not get credit for performing any of these tests properly. However, one small mistake in the performing the tests will be held against you.

Standardized Field Sobriety Tests (SFSTs)

If detained for BWI, you may be taken ashore and given a 15-minute break to recover from your “sea legs” before being asked to perform the roadside field sobriety tests. Standardized Field Sobriety Tests (SFSTs) are a series of three tests used by law enforcement officers to determine whether a driver is impaired by alcohol or drugs. These tests are designed to assess a driver's balance, coordination, and ability to follow instructions, which are typically impaired by intoxication. These test may also include the HGN test, as well as the walk-and-turn test and the one-leg stand. As with the Seated Battery, the officer is looking for clues or signs of intoxication. Also like the Seated Battery, you will only get marked for things that you do wrong. These tests are very easy to fail, especially after being on a water vessel.

Unreliability of Field Sobriety Tests

These tests are unreliable. Studies have shown that the marine environment itself introduces stressors that can make the test difficult, if not impossible, to pass. These stressors include heat, spray, boat motion, vibration, and glare. Further, there is no scientific data that backs the 15-minute wait period as being sufficient to recover from these stressors. You should never attempt to take these tests. However, if you have taken them, don’t wait to get the legal help you need.

Representation for BWI Charges in Central Texas. Call (512) 359-3743!

Texas has more square miles of inland water than any other state, with Travis County boasting numerous beautiful lakes. Boating is a beloved pastime in the Hill Country, but a fun day on the lake can quickly turn into a nightmare if you are caught drinking and boating. Similar to a DWI, a BWI can have devastating effects on your life. 

You need an attorney who knows the law, understands the process, and can effectively educate the jury about the flaws in the State’s evidence. Although a BWI case shares similarities with a DWI case, there are critical differences. Hiring an attorney unfamiliar with these distinctions can be a costly mistake. The Austin BWI lawyers at Smith & Vinson Law Firm are here to fight for you. We represent clients accused of BWI in Austin, all of Travis County, and Central Texas.

Contact our Austin BWI attorneys now for a free consultation at (512) 359-3743.