Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.
People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.
There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.
Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.
