Galveston DWI Lawyer - Boating While Intoxicated

Boating While Intoxicated in Texas: Laws and Penalties

Galveston DWI Lawyer - Boating While Intoxicated

Galveston DWI Lawyer - Boating While Intoxicated

Boating is a popular pastime in Galveston, but operating a watercraft while intoxicated can lead to serious legal consequences. Texas law treats Boating While Intoxicated (BWI) with the same severity as Driving While Intoxicated (DWI). Below, we break down the key statutes and penalties under Texas law to help you understand the risks and why you need experienced legal representation if charged.

Boating While Intoxicated (BWI) - Texas Penal Code Sec. 49.06

According to Texas Penal Code Sec. 49.06, a person commits an offense if they are intoxicated while operating a watercraft. In Texas, "intoxicated" means having a blood alcohol concentration (BAC) of 0.08 or higher or lacking normal mental or physical faculties due to alcohol or drugs.

Penalty: A BWI offense is classified as a Class B misdemeanor, which carries a minimum jail term of 72 hours. Additional penalties may include fines up to $2,000, community service, and a potential suspension of your boating privileges.

Even a first-time BWI charge can disrupt your life, and a conviction can have long-term consequences, including a criminal record. If you’re facing a BWI charge in Galveston, an experienced criminal defense attorney can help protect your rights and explore defenses, such as challenging the accuracy of sobriety tests or the legality of the stop.

Boating While Intoxicated with a Child Passenger - Texas Penal Code Sec. 49.061

The stakes are even higher if a child is on board. Under Texas Penal Code Sec. 49.061, enacted in 2023, a person commits an offense if they are intoxicated while operating a watercraft with a passenger younger than 15 years old.

Penalty: This offense is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. A felony conviction can also lead to a permanent criminal record, impacting employment and other opportunities.

This law reflects Texas’s commitment to protecting children from dangerous situations. However, a felony charge doesn’t mean a conviction is inevitable. A skilled attorney can investigate whether the prosecution can prove intoxication or if procedural errors occurred during your arrest.

Why You Need a Galveston Criminal Defense Attorney

Facing a BWI charge, especially with a child passenger, is a serious matter that requires immediate action. The waters around Galveston are heavily patrolled, and law enforcement is vigilant about enforcing BWI laws. A conviction can result in jail time, hefty fines, and a lasting criminal record.

At Galveston Criminal Attorney, we understand the complexities of BWI cases and the unique challenges of defending against charges on the water. Our team is dedicated to building a strong defense, whether by questioning the evidence, negotiating for reduced charges, or fighting for your rights in court.

Contact Us Today

If you or a loved one has been charged with Boating While Intoxicated in Galveston, don’t wait to seek legal help. Contact us at Galveston Criminal Attorney for a consultation. We’re here to guide you through the legal process and work toward the best possible outcome for your case.