Boating While Intoxicated (BWI) in Texas
Per Texas Penal Code Section 49.06, a person commits an offense if the person is intoxicated while operating a watercraft. Per Texas Penal Code Section 49.01, watercraft means 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.
This statute operates much like the DWI statute and has similar sentencing enhancements.
Using the Travis County, Texas, court system as a guide, one can notice how few of these cases are charged. There are over 1,300 pages of the Court’s docket, each containing at least 20 cases. So out of the over 20,000 pending cases, only about 25 of these are for BWI.
Two things should be noted:
- Generally speaking, the reason for the stop is going to differ significantly from the reason for stopping a vehicle on the highway and
- It should be noted there does not appear to be a Boating While Intoxicated With Child Passenger State Jail Felony equivalent to the Driving While Intoxicated With Child Passenger State Jail Felony.
As intoxication will be an issue, similar to DWI cases, this is an area ripe for challenging breath or blood results through the hiring of expert witnesses.
While this is a rarely charged crime in Travis County, it is still important to have solid representation in your cornet to defend against this when it is charged. We are here to fight for you.
Call us at (512) 494-4070 or request a free consultation online now.
From your first meeting in our firm, we know you will recognize this is more than what you expected out of a law firm. We pride ourselves on professionalism in and out of court, our accessibility (our clients know they can set up an appointment and speak with us when they would like and will often email us directly about any questions or concerns), and our passion for the law. We respect the hundreds of years law in this country has been practiced before us, have studied so many of the cases and techniques of the criminal law masters and strive each day to use this knowledge to be better able to serve our clients.
We take the presumption of innocence to heart and truly presume our clients are innocent. In a system where Judges, prosecutors, law enforcement, and court staff rely so much on what the police state happened on their arrest paperwork, we know from experience how one-sided that paperwork can be. We have seen it all, from flat out lies in paperwork, to what is more common (the omission of crucial facts which would support the innocence of the charge). We see this happen daily and this is why you need someone who will actually fight for you and not just say they will. Read More—>
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