Boating While Intoxicated Galveston County
- houstoncriminaldef
- Jul 11
- 3 min read
Boating While Intoxicated in Galveston: What You Need to Know
The Fourth of July is a time for celebration, and for many in Galveston County, that means hitting the water for some boating fun. However, enjoying a day on the water can quickly turn serious if alcohol is involved. At Galveston DWI Attorney, we want to ensure you understand the risks and consequences of boating while intoxicated (BWI) and how we can help if you’re facing a charge. Here’s a comprehensive guide to Boating While Intoxicated Galveston County and what you should know.
What is Boating While Intoxicated (BWI)?
Under Texas Penal Code Section 49.06, a person commits a BWI offense if they are intoxicated while operating a watercraft. A watercraft, in this context, is defined as a vessel with a motor greater than 50cc. So, smaller vessels like a johnboat with an electric motor may not qualify under this statute.
A BWI charge is typically a Class B misdemeanor, carrying a minimum jail term of 72 hours (3 days) upon conviction. For repeat offenders (third or subsequent charges), the offense can escalate to a felony under Section 49.09, which significantly increases the penalties.
Why You Might Get Pulled Over
Unlike driving a car, where law enforcement typically needs probable cause to pull you over, a Texas Game Warden or port authority can stop your boat for a boater safety check without any specific reason. During this check, if an officer detects the smell of alcohol or observes signs of intoxication, you could be facing a BWI charge. These stops are common during high-traffic times like the Fourth of July, when boating activity peaks in Galveston.
Consequences of a BWI Charge
A BWI conviction can have serious consequences, some of which may surprise you:
Jail Time: As mentioned, a first-time BWI conviction carries a minimum of 72 hours in jail. However, our experienced legal team at Galveston DWI Attorney can often help avoid jail time through strategies like time credits, probation, or even case dismissal.
Driver’s License Suspension: Even if you weren’t driving a car, a BWI charge can lead to the suspension of your driver’s license. This is because the same administrative rules that apply to driving while intoxicated (DWI) also apply to BWI. If you refuse to provide a breath or blood sample, the state may initiate an Administrative License Revocation (ALR), which can suspend your license.
Fines and Other Penalties: A Class B misdemeanor can result in fines up to $2,000, in addition to court costs and other fees. A felony BWI charge carries even steeper penalties, including higher fines and longer jail time.
How We Can Help Protect Your License
If your driver’s license is at risk due to a BWI charge, we can take immediate action to protect your driving privileges:
ALR Hearing: We can request an Administrative License Revocation hearing to challenge the suspension. This hearing allows us to subpoena the arresting officer (whether a Game Warden or another authority) and evaluate their testimony. In many cases, especially since the shift to virtual hearings (often conducted via Zoom), officers may not appear, increasing your chances of retaining your license.
Occupational Driver’s License: If your license is suspended, we can help you obtain an occupational driver’s license. This special license allows you to drive for essential purposes, such as work, school, and grocery shopping, ensuring minimal disruption to your daily life.
Our goal is to keep you driving and living your life as normally as possible while we fight your BWI case in court. In nearly 100% of first-time DWI or BWI cases, we can help our clients maintain their driving privileges.
Why You Need a Lawyer
Facing a BWI charge can be daunting, but you don’t have to go through it alone. Here’s how Galveston DWI Attorney can make a difference:
Avoiding Conviction: We explore every avenue to avoid a final conviction, whether through negotiating probation, securing a dismissal, or challenging the evidence in court.
Minimizing Penalties: Even if a conviction seems likely, we work to reduce penalties, such as avoiding jail time or minimizing fines.
Protecting Your Rights: From challenging the legality of the boater safety check to fighting license suspensions, we ensure your rights are protected at every step.
Key Takeaways
A BWI charge in Texas applies to operating a watercraft with a motor greater than 50cc while intoxicated.
Law enforcement can conduct boater safety checks without probable cause, leading to BWI charges if alcohol is detected.
A BWI can result in jail time, fines, and even a driver’s license suspension, even if you weren’t driving a car.
An experienced attorney can help you avoid jail time, protect your license, and fight the charges in court.
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