Dallas BWI Lawyer - Articles

Boating While Intoxicated

With summer rapidly approaching and the days being full of sunshine, many Texans have already taken to the state's numerous inland waterways. As part of this, many adults have found that there is nothing more relaxing than motoring out to the middle of the lake or river, dropping an anchor, and drinking some beers.

Unfortunately, should the driver be caught on the way back to the dock, he or she is eligible for a ticket for Boating while Intoxicated. Texas does not treat a BWI any less seriously than a DWI.

According to the Texas Penal Code, Section 49.06, a person commits an offense if the person is intoxicated while operating a watercraft. This, in most cases, is a Class B misdemeanor.

Texas' laws make it illegal to operate a boat with a Blood Alcohol Content (BAC) of .08 or higher. This is the same threshold as a DWI for determining if someone is intoxicated and committing a crime.

This crime carries stiff penalties as well. A first conviction has a possible fine of up to $2,000. In addition, there is the possibility of up to 180 days of jail time. The arrest has a minimum penalty of 2 days in jail.

The second conviction for BWI carries a harsher penalty. The possible fine increases to $4,000. The jail time a person is assigned can be up to a year. The third conviction for boating while intoxicated in Texas carries with it a fine of up to $10,000 and or jail time of 2 to 10 years.

If an individual is found to be boating while intoxicated in Texas while operating a vessel that has an engine over 50 horsepower, that license is automatically suspended.

If you have been charged with a BWI and need a defense lawyer, please contact the Dallas BWI lawyers of the Law Office of Mark Lassiter at 214-457-1668 to discuss your case and to plan for your defense.