Driving a car while intoxicated is not the only way to be charged with a drunk driving (DWI) charge. Operating a boat while intoxicated (BWI) is another common risk. Often, people who are enjoying a day on the water don't realize how little alcohol it takes to impair their driving skills.
Operation of boats by intoxicated drivers is a problem on a number of Texas lakes and rivers. A day of recreation can become a day of tragedy when a motorboat runs into a skier, a Jet skier, a swimmer or another boater. With the idea that operating a boat drunk increases the chances of such an occurrence, charges of BWI are just as serious as are DWI charges involving operation of a car on city streets or highways.
As is the case with DWI, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher.
Texas penalties for boating while intoxicated (BWI) may include the following:
For a first conviction: a fine up to $2,000 and/or jail time up to 180 days.
For a second conviction: a fine up to $4,000 and/or jail time up to one year.
For a third conviction: a fine up to $10,000 and/or jail time of two to 10 years.
Boaters who are found to be intoxicated in a vessel with an engine over 50 horsepower will have their boating licenses automatically suspended.
Criminal Defense in Houston · Boating While Intoxicated · Lawyer Jed Silverman Employs Creative, Effective Defense Strategies
Defense of a person operating a sailboat or motorboat while under the influence of drugs or alcohol often begins and ends with an examination of the manner of the arrest. Environmental game wardens are not usually as well trained or as experienced at handling drunk driving arrests as are police officers who patrol city streets.
Another common line of defense in a drunk boating case has to do with the difficulty in identifying who was at the wheel of a boat when a crash occurred. The prosecutor must prove that the person charged was operating the boat while impaired and that the person's blood alcohol level was high enough to mean that he or she was legally intoxicated.
Free Consultation · Se Habla Español · Statewide Representation
Attorney Jed Silverman of the Law Offices of Jed Silverman represents clients in state and federal courts in Texas, in all types of criminal law matters. If you have been arrested or are under investigation, contact our firm immediately to discuss your charges with an experienced Texas BWI lawyer.
