Austin BWI Lawyer

Defending Those Who Have Been Arrested For Boating While Intoxicated in Travis County or Central TX

During the summer months and holidays, many people will take to the area lakes and rivers for recreation with family and friends. The increased water traffic will necessarily draw an elevated law enforcement presence. Inevitably, many people will find themselves in the position of being investigated for boating while intoxicated (BWI). If you're in this situation, our Austin BWI lawyers can help you.

If you or a loved one has been arrested for a BWI, The Law Office of Will Mitchell can guide you through the legal steps of the Texas criminal justice system and help you seek the most favorable results in your case. Our Austin BWI defense lawyer has more than 18 years of trial-tested experience and understands what it takes to pursue a case dismissal or reduced charges and penalties.

For more information about our legal services, contact our Austin BWI lawyer today at (512) 858-8611.

FAQs About Texas BWI

Is BWI as Serious as Driving While Intoxicated (DWI)?

Yes, they are equal in seriousness. The Texas Penal Code in section 49.06 says a person commits an offense if they are intoxicated while operating a watercraft. BWI and DWI share the same penalty range and potential collateral consequences. For example, if you have a prior DWI conviction and get arrested for Boating While Intoxicated, you will be charged with a second offense, enhancing the charge and range of punishment from a Class B to a Class A misdemeanor. Or, if you have two prior DWI convictions and you get arrested for BWI, it will be treated as a third offense, enhancing it to a third-degree felony.

Can the Police Stop You for Any Reason On the Water?

Yes. Police do not need reasonable suspicion or probable cause to stop you on the water. If you are in a boat, on a jet ski, or on another “watercraft,” police can make contact at any time to conduct a “safety check.” This is distinguishable from driving a vehicle, where courts have found a minimal privacy interest that would require law enforcement to have reasonable suspicion that a crime is or has been committed in order to make contact with you. A side note to this is that the Boating While Intoxicated statute does not require you to be in a “public place” like the DWI statute.

Do I Perform Field Sobriety Tests On the Boat?

No. In BWI investigations where police conduct field sobriety tests, the suspect will be taken to the shore and given fifteen minutes to regain their “land legs” before any agility exercises will be performed. If police do not follow this regulation, they jeopardize the validity of any results they think might have been observed.

Can I Refuse to Take a Breath or Blood Test During the BWI investigation?

Yes, and you should. Your driver’s license could still be subject to an administrative suspension, like in a DWI case, but we can fight that, too. Our Austin BWI lawyers will request the separate and independent administrative action and subpoena all the officers involved to testify, under oath, why you were arrested.

Do ‘No Refusal’ Policies Apply to BWI Cases?

Yes, unfortunately. You should expect ‘No Refusal’ to be the norm on all BWI cases. Memorial Day, July 4, and Labor Day weekends, for certain, will be ‘No Refusal,’ but so will a random Tuesday in June. I still believe you should refuse to consent to a breath or blood test in most cases. If the police wish to seek a search warrant, then that is within the purview of their duties. Sometimes judges will grant the warrants, and sometimes they will not. It is up to the officer to obtain the necessary probable cause. You do not have to give it to them voluntarily.

Contact Our BWI Attorney in Austin Today

If you have any questions about a BWI case, or you need legal representation, please do not hesitate to contact me. The right criminal defense lawyer can make all the difference. Even if you think there is no chance to win, let Attorney Will Mitchell show you what he can do for you.

When you reach out after a Boating While Intoxicated arrest, we can explain what typically happens in Travis County courts, from your first appearance through possible plea negotiations or trial settings. We can also talk through how an arrest on Lake Travis, Lake Austin, or other Central Texas waterways may affect your driver’s license, employment, and professional licenses, so you understand the full picture before making decisions about your case. This initial conversation gives you a chance to ask questions, learn about timelines, and get a sense of whether we are the right fit for you.

Ready to discuss your case? Call us today at (512) 858-8611 for a free consultation. 

Understanding BWI Defense in Austin and Travis County

As a vibrant hub for outdoor activities, Austin and the surrounding Travis County are known for their beautiful lakes and rivers, attracting countless residents and visitors alike. However, with the increase in recreational boating, the risk of facing a Boating While Intoxicated (BWI) charge also rises. Local law enforcement agencies, including the Austin Police Department and Travis County Sheriff's Office, are vigilant during peak boating seasons, often conducting safety checks that can lead to BWI investigations.

Residents of Austin know that a BWI charge can have serious implications, not just legally but also personally. The potential for hefty fines, loss of boating privileges, and even jail time can be daunting. Additionally, the emotional toll of a BWI arrest can strain relationships and impact your reputation within the community. Understanding the local laws and the nuances of BWI cases in Texas is crucial for anyone facing such charges.

Moreover, the Texas Parks and Wildlife Department provides resources and information on boating regulations, which can be beneficial for those looking to stay informed and avoid legal troubles. However, even with the best intentions, mistakes can happen, and being caught in a BWI situation can feel overwhelming.

At The Law Office of Will Mitchell, our Austin BWI lawyers recognize the unique challenges faced by Austin residents when it comes to BWI charges. Our firm is dedicated to helping you navigate the complexities of the legal system, ensuring that your rights are protected and that you have every opportunity to pursue a favorable outcome in your case. Whether you are a local or just visiting, we are here to support you through this difficult time.

In many Central Texas BWI cases, the details of the stop and investigation on the water are just as important as the breath or blood test results. We look closely at where you were stopped on Lake Travis or the Colorado River, how the safety check turned into a criminal investigation, and whether the officers followed required procedures once you were brought to shore. By focusing on what actually happened at each stage, we can identify issues that may help limit the impact of the charge and give you more informed choices about how to move forward.

Common issues that often arise in Austin-area BWI investigations include:

• The initial stop and contact. How and why the game warden or officer first approached your boat, jet ski, or other watercraft, and whether the encounter stayed within the bounds of a safety check.
• Procedures on the water. What questions were asked, whether passengers were separated, and how any signs of intoxication were documented before you were taken to shore.
• Transition to shore-based testing. How long you were given to regain your balance, where field sobriety exercises were performed, and whether the location and conditions were appropriate.
• Decisions about testing. What you were told about breath or blood tests, how any warrant was obtained, and whether your rights were respected throughout the process.

What to Expect After a BWI Arrest in Austin

After a Boating While Intoxicated arrest in the Austin area, most people are unsure what will happen next or how quickly they need to act. You may be taken to the Travis County Jail for booking, have your boat secured on Lake Travis or Lake Austin, and be given paperwork about both the criminal charge and your driver’s license. Understanding the basic steps in the process can make the situation feel more manageable and help you avoid mistakes that could hurt your case later.

In a typical case, you will have an initial court setting in a Travis County court where the judge reviews the charge, sets or confirms bond conditions, and schedules future dates. There are important deadlines for requesting a hearing to challenge any proposed driver’s license suspension, so it is wise to bring all paperwork from the arrest when you first meet with a lawyer. During this early stage, we can help you understand which conditions you must follow, such as travel restrictions or alcohol-related requirements, and how those conditions might be modified over time.

As your case moves forward, there may be several court settings where the prosecutor and defense review evidence, discuss possible plea offers, and decide whether additional investigation is needed. These hearings can feel repetitive if no one explains what is happening, so we make a point to talk with you before and after each setting about what was accomplished and what comes next. Knowing the likely timeline from arrest to resolution helps you plan around work and family obligations and keeps the process from being overwhelming.

For personalized legal assistance regarding your BWI case, reach out to us today at (512) 858-8611.