League City Boating While Intoxicated Defense Lawyer
From Clear Creek to Clear Lake to Galveston Bay, boating is a popular pastime in League City for fishing, dolphin watching, and a variety of recreational activities. However, just like operating a vehicle on land, operating a boat under the influence of alcohol or drugs is illegal and can lead to severe consequences. In Texas, Boating While Intoxicated (BWI) is taken seriously, and offenders can face penalties similar to those for Driving While Intoxicated (DWI).
As an experienced DWI defense lawyer in the Galveston Bay area, attorney John Reed is well-versed in the laws and process for defending against BWI charges. Contact John Reed, Attorney at Law, for skilled legal advice and representation from an experienced and successful League City boating while intoxicated lawyer.
Boating While Intoxicated Under Texas Penal Code Section 49.06
Section 49.06 of the Texas Penal Code defines Boating While Intoxicated as operating a watercraft while intoxicated. Under Texas law, “intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of your mental or physical faculties due to the introduction of alcohol, drugs, or a combination of substances.
The term “watercraft” includes motorized vessels, personal watercraft like jet skis, and even sailboats while under power. This means that if you are operating any type of vessel in Texas waters while intoxicated, you could be charged with BWI.
Boating While Intoxicated is typically classified as a Class B misdemeanor in Texas, which carries serious penalties. First-time offenders can face a fine of up to $2,000, jail time ranging from 72 hours to 180 days, and possibly a driver’s license suspension of up to one year. If the watercraft was occupied by a passenger under 15 years old, the offense is classified as a state jail felony under Texas Penal Code section 49.061.
For repeat offenders, or if the offense involved an accident that resulted in injury or death, the penalties can increase significantly. In such cases, BWI charges may escalate to felony levels, leading to longer prison sentences, higher fines, and extended driver’s license suspensions.
Defending Against BWI Charges
A Boating While Intoxicated conviction can have long-lasting effects on a person’s life. Beyond fines, jail time, and a potential driver’s license suspension, the conviction can also leave a criminal record that affects future employment opportunities, personal reputation, and even the ability to obtain certain professional licenses.
If you have been arrested for Boating While Intoxicated in League City, it’s critical to work with an experienced criminal defense attorney who understands the nuances of BWI cases. While the procedures for determining intoxication on water may resemble those for DWI on land, unique circumstances such as environmental factors, the behavior of boats, and specific legal standards for operating watercraft can impact the outcome of a case.
Several defense strategies can be employed in a BWI case, depending on the circumstances of the arrest and the specifics of the case. These may include:
- Challenging the stop or arrest: If the law enforcement officer did not have reasonable suspicion to stop you or lacked probable cause to make an arrest, the charges could be dismissed.
- Questioning the results of sobriety tests: Field sobriety tests administered on a boat may be unreliable due to the instability of the vessel and other external factors. Additionally, issues with the breathalyzer or blood test equipment could result in inaccurate BAC readings.
- Arguing lack of intoxication: You may be able to argue that you were not impaired, even if your BAC was at or above 0.08%. Factors such as food consumption, medical conditions, or timing of the alcohol intake could be relevant.
Contact John Reed, Attorney at Law, for BWI Defense in League City
If you or someone you know has been charged with Boating While Intoxicated in League City or the surrounding areas, it is essential to seek legal representation from an experienced criminal defense attorney. John Reed, Attorney at Law, understands the complexity of BWI cases and is dedicated to protecting your rights and providing an aggressive defense to minimize the impact of the charges.
Whether this is your first offense or a repeat charge, John Reed can help you navigate the legal process, evaluate the evidence against you, and fight for the best possible outcome. Contact our office today at 281-928-8228 to schedule a free consultation and learn how we can assist with your BWI defense.