By Jeff Kennedy
Boating While Intoxicated Defense
If you were charged with boating while intoxicated, our Fort Worth BWI lawyer Jeff C. Kennedy can protect your rights and work to get your charge reduced or dismissed.
Who doesn’t love a good boating adventure? A break from your day-to-day life, wind in your hair, and the pleasant sensation of a cool dip on a warm day. It’s very easy to be lulled into a sense of freedom—a carefree feeling that the normal rules don’t apply out there on the water.
Unfortunately, whether on land or sea, mountain or lake, it’s still a crime to operate a moving vehicle or vessel while intoxicated in the state of Texas. Unfortunately, majority of people don’t even realize this is a crime, or that its just as harsh when compared to a normal DWI charge.
Whether you decided to head down to Lake Whitney for some fishing or your friend invited you to White Rock Lake for some water skiing, if you’ve been arrested and charged with boating while intoxicated (BWI), you need to contact a Fort Worth BWI lawyer at our office for a free consultation.
BWI Laws In Texas
In Texas, operating any moving vessel while intoxicated is a crime. You may be surprised by what is considered a moving vessel. If any force other than the current propels the vessel you’re operating, you can’t operate it while intoxicated. This includes water skis, sailboats, jet skis, and aquaplanes.
The legal limit for boating while intoxicated is the same as for a DWI: .08 percent blood alcohol concentration. The penalties are exactly the same for boating while intoxicated as they are for driving while intoxicated. You will face a Class A Misdemeanor
Boating while intoxicated is a Class B misdemeanor with a sentence of up to 180 days in jail and a fine up to $2,000. If you have prior DWI or BWI offenses, or if there are aggravating factors in your case, your BWI can be charged as a felony or Class A misdemeanor.
Class B Misdemeanor
This misdemeanor convictions can still involve additional penalties such as driver’s license suspensions of at least 90 days, community service, and/or mandatory completion of DWI school.
- Fine of up to $2,000
- up to 180 days in jail
Class A Misdemeanor
Example: Aggravating factors such as having a BAC greater than 0.15.
- Fine of up to $4,000
- up to one year in jail
Felony BWI
A BWI can become a felony charge if there are aggravating factors involving child passengers, serious injuries, minor injuries, and accidents.
How We Help Clients Beat BWI Charges
If you are considering signing the first plea agreement the prosecutor offers you, we recommend scheduling a consultation before you make that decision. The consultations are free, and you get to speak with an experienced and skilled attorney. They will guide you and explain what will happen if they defend you or if you take the prosecutors deal .
Here are some of the effective defenses we can use for BWI charges, in order to help you reduce the charges and avoid a conviction:
- You weren’t driving the boat.
- You weren’t drinking.
- Your rights were violated.
- You were under the legal limit.
- The chemical sample was improperly handled.
- The breath or blood test results were not accurate.
- The police or laboratory made errors.
We Can Help You Fight A BWI In Tarrant County, Fort Worth or surrounding areas
When you’ve been charged with a BWI, it may be tempting not to take the charge too seriously. You were just having a little fun—everyone will understand that, right? Not necessarily. A BWI conviction looks just as bad as a DWI and can have the same negative life consequences.
Contact a Fort Worth boating while intoxicated lawyer at the Law Offices of Jeff C. Kennedy. We will discuss your case with you during a free initial consultation, and we will advise you on your defense options. Call 817-605-1010 or fill out our online contact form below for a chance to get the most positive outcome possible.