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Boating While Intoxicated

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 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 get 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 get a case dismissed or charges/penalties reduced. He also specializes in intoxication defense.

For more information about our legal services, contact our firm 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 to a third-degree felony,

Can 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 other “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 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. We 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’s within their purview of their duties. Sometimes judges will grant the warrants, sometimes they won’t. 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 don’t 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.

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, we 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 receive the best possible outcome for your case. Whether you are a local or just visiting, we are here to support you through this difficult time.

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

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