Need a BWI Lawyer in Conroe?
Steve Dennis is an experienced BWI defense attorney. He is ready to help you win your case and get back on the lake. Specializing in BWI defense in the Conroe area, he is dedicated to getting his clients the best outcome possible.
What is Boating While Intoxicated (BWI)?
Boating on Lake Conroe or other lakes in the greater Houston area is a fun pastime where many enjoy soaking up the sun with friends and family. Many boaters will have a beer while out on the lake since, unlike having an open container in a motor vehicle, there is no law that prohibits drinking alcohol while boating.
This is why it can be shocking for law-abiding citizens to find themselves arrested for Boating While Intoxicated.
But if you are arrested for boating while intoxicated, you are in deep water without a qualified attorney.
Is a BWI the same as a DWI In Texas?
Iit is legal to have an open container and drink alcohol while operating a boat. So, you might be wondering about the difference between a BWI and DWI.
Definition of a BWI
Similar to a DWI, according to Section 49.06, “A person commits an offense if the person is intoxicated while operating a watercraft.” To be charged with a BWI, your blood, urine, or breath alcohol concentration, or BAC, is above .08%.
Consequences for BWI
Both a BWI and a DWI have the same consequences. They are both considered Class B Misdemeanors. As a result, they carry a sentence of up to 6 months in jail and a $2,000 fine. The minimum jail time for a BWI charge is 72 hours.
If you cause “serious bodily injury”to another person as a result of boating while intoxicated, you could even be charged with a felony.
Also similar to a DWI, you can lose your driver’s license. This is why it is important to contact a defense attorney and request an ALR hearing within 15 days of your arrest.
How to Defend a BWI Charge in Conroe, Tx
The approach to defending a BWI charge will depend on many different factors. Your best option is to contact a skilled defense attorney in Montgomery County, TX. They can help you avoid jail time, keep your license, and get back to enjoying the water with your family and friends.
Probable Cause
BWI charges are different from DWI charges in that an officer does not have to have probable cause to search your watercraft. An officer can board your boat to do routine safety checks for flotation devices at any time. This makes it tricky to defend a BWI since a common defense strategy for a DWI is attacking the officer’s probable cause.
Field Sobriety Tests
Another way that your defense attorney can defend you from a BWI charge in Conroe, Texas is to question the officer’s use of field sobriety tests. These tests are notoriously inaccurate, especially if you have “sea legs” from being out on the water all day.
BAC Tests
Finally, your defense attorney can question the results of a BAC test, even if it is a no-refusal weekend when you could be legally required through a judge’s issue of a search warrant to provide a blood sample for testing.
There are so many ways that a blood, breath, or urine sample can be contaminated and skew the results. You need to trust an expert to handle your case so they can point out these flaws and help you beat the charge.
Top BWI Defense Attorney in Conroe, TX
Even though this happened on the water and not behind the wheel of a car, it can still have a negative impact on your day-to-day life with consequences as serious as jail time and loss of your driver’s license.
It’s essential that you hire an experienced BWI defense attorney like Steve Dennis as soon as possible to handle your case. He is also one of the few defense attorneys who has actually won a BWI case in Montgomery County. He has helped many boaters, including another attorney, save their driver’s license and stay on the water.
You need a defense attorney who has the experience and expertise to fight for you.
Contact Steve Dennis today to discuss your case and get the help you need.
Recent Case Outcomes *
Montgomery County, Texas
* Many other cases dismissed and won in jury trials. Many felony cases reduced to misdemeanors.
** Every case is different and there is no guarantee made for any specific result.