San Antonio BWI Defense Lawyers
Representing Those Arrested for Boating While Intoxicated
In Texas, it is illegal to operate a water vessel while intoxicated just as it is to operate a motor vehicle. If you are found to be doing so, you will be facing a BWI Class B misdemeanor.
The penalties you will face are the same as those for DWI, which include:
- A first conviction is punishable by a fine of up to $2,000 and/or jail time up to 180 days
- A second conviction is punishable by a fine of up to $4,000 and/or jail time up to one year
- A third conviction is punishable by a fine of up to $10,000 and/or jail time of 2-10 years.
Furthermore, when it comes to sentencing BWI and DWI, these offenses are classified together. So if you have a previous DWI on your record and are now charged with BWI, you will be facing a second offense, which is a more serious matter.
YOU ONLY HAVE 15 DAYS from the date of your BWI arrest to request an administrative hearing about the automatic suspension of your driver’s license. After 15 days, you will forfeit your right to make this request. For immediate assistance, take advantage of the unique benefits of legal representation at Smith & Vinson Law Firm by contacting us at (210) 960-9557 today.
What's the Difference Between a DWI and BWI
In DWI cases, law enforcement acts on what is known as probable cause when pulling you over. They must have reasonable suspicion that you may be intoxicated. After witnessing problematic driving behavior such as tailgating, drifting into other lanes, or swerving, they have grounds to make a DWI stop.
On the water, these behaviors do not apply. You are subject, however, to water safety law and may be detained by the Coast Guard or a Marine Safety Officer to determine if you have complied with these laws. This is called a “water safety check.” In the process of checking your compliance, if evidence is found that indicates the boat operator may be intoxicated, the officer can initiate a BWI investigation.
Intoxication evidence may include:
- Open containers
- Empty wine bottles or beer cans
- Glassy or bloodshot eyes
- Slurred speech
- Physical instability
- Admissions that one has been drinking
Anything that points to intoxication on the part of the boat operator can be used by the Safety Officer to request that the boat operator perform field sobriety tests. Remember, however, that it is your constitutional right to refuse to perform these tests.
BWI Field Sobriety Tests (SFSTs)
Should a Safety Officer detain you for suspected BWI, he or she can decide how to conduct the field sobriety tests. A few options are available to the Officer. These consist of tests while on the water vessel called a “seated battery,” SFSTs done ashore, or both sets of tests. Once again, it is important to know that it is within your constitutional rights to refuse all of these tests.
The BWI Seated Battery Test
This series of tests includes the horizontal gaze nystagmus test (HGN test), the finger-to-nose test, and the palm pat test. The HGN test checks for involuntary eye-jerking movements while moving your gaze from one side to the other. In the finger-to-nose test, your head is tilted back while you touch your finger to your nose. In the palm pat test, you are asked to pat one extended palm with the other palm while rotating the movement 180 degrees. In all of these tests, the Officer will be looking for any sign that you are in an intoxicated state and thus impaired. Even one small error on your part may be used against you to further the investigation or lead to a BWI charge. Successfully performing any one test or part of a test gives you no advantage; only errors count.
SFSTs on a Suspected BWI
During a suspected BWI, you may also be asked to perform roadside field sobriety tests (SFSTs). These are done ashore after a 15-minute break for your body to stabilize on land. It is often difficult to “pass” SFSTs, especially after having been “at sea” for an extended time period.
These tests have been shown to be unreliable. Marine environment studies have demonstrated that the marine setting includes specific stress factors that can reduce one’s ability to pass these tests. Such stressors as heat, water spray, boat motion, and glare compromise the validity of using these SFSTs for valid evidence. Additionally, no scientific data supports a 15-minute break from the water to land as sufficient time to recover from such stress factors. Therefore, you should refuse to take SFSTs during any suspected BWI incident. If you have taken them, you should immediately consult with one our San Antonio BWI defense lawyers.
Obtain Experienced Legal Help from Smith & Vinson Law Firm
A BWI conviction can shatter both your personal and professional life. You need a skilled attorney with a comprehensive understanding of BWI law who can demonstrate the flaws in the prosecutor’s evidence. While a BWI has many similarities to a DWI, it is not identical and the differences may be critical in your case. That is why you need an attorney who is well versed in BWI and its unique legal problems. You will find such attorneys at our firm who are standing by to help you seek a favorable outcome.
Being charged with Boating While Intoxicated (BWI) in San Antonio can be a serious and life-altering event. At Smith & Vinson Law Firm, our dedicated BWI defense lawyers are here to provide you with the expert legal representation you need to protect your rights and your future. With a deep understanding of Texas BWI laws and a commitment to personalized client service, we are the advocates you can rely on in challenging times.
Schedule a consultation with a San Antonio BWI defense lawyer today. You can reach us at (210) 960-9557 anytime.
Understanding BWI Laws in Texas
In Texas, Boating While Intoxicated (BWI) is a criminal offense similar to Driving While Intoxicated (DWI), but it specifically applies to operating a watercraft. Texas law defines a watercraft as any vessel used for transportation on water, including boats, jet skis, and other personal watercraft.
Key Points of Texas BWI Laws:
- Blood Alcohol Concentration (BAC): A person is considered legally intoxicated if their BAC is 0.08% or higher.
- Implied Consent: By operating a watercraft, you consent to chemical testing if suspected of BWI. Refusal can result in penalties, including license suspension.
- Penalties: Penalties for BWI can include fines, jail time, community service, alcohol education programs, and the suspension of boating privileges.
Consequences of a BWI Conviction
A BWI conviction can lead to severe legal consequences, including:
- Fines: Significant fines that can increase with subsequent offenses.
- Incarceration: Jail time that varies based on the severity of the offense and prior convictions.
- Criminal Record: A permanent criminal record that can impact your employment opportunities and personal reputation.
- Boating Privileges: Suspension or revocation of boating privileges, which can affect your ability to enjoy recreational boating activities.
Our Comprehensive BWI Defense Strategies
At Smith & Vinson Law Firm, we understand that each BWI case is unique. Our experienced BWI attorneys employ a range of defense strategies tailored to the specific circumstances of your boating under the influence case, including:
- Challenging the Stop and Arrest: We scrutinize the details of your stop and arrest to determine if law enforcement followed proper procedures. Any violations can be used to challenge the validity of the charges.
- Questioning Chemical Test Results: We examine the accuracy and reliability of breath, blood, or urine tests used to determine your BAC. Improper testing procedures or equipment malfunctions can cast doubt on the results.
- Investigating Field Sobriety Tests: Field sobriety tests administered on a boat can be influenced by external factors such as weather and water conditions. We challenge the credibility of these tests in court.
- Plea Negotiations: When appropriate, we negotiate with prosecutors to reduce charges or penalties, seeking alternatives such as probation or community service instead of jail time.
- Trial Defense: If your case goes to trial, our skilled litigators provide a vigorous defense, presenting compelling arguments and evidence to support your innocence or mitigate your culpability.
Why Choose Smith & Vinson Law Firm?
Choosing the right legal representation can make a significant difference in the outcome of your BWI case. Here’s why Smith & Vinson Law Firm is your best choice:
- Expertise in BWI Defense: Our San Antonio BWI lawyers have extensive experience defending clients against BWI charges. We stay updated on the latest legal developments to provide the most effective defense.
- Personalized Attention: We treat our clients as individuals, not just case numbers. We take the time to understand your unique situation and develop a defense strategy that fits your needs.
- Aggressive Advocacy: We are dedicated advocates who fight tirelessly for our clients. Our goal is to protect your rights and achieve the best possible results in your case.
- Compassionate Support: We understand the stress and uncertainty that come with facing criminal charges. Our team of San Antonio BWI attorneys provides compassionate support and clear communication throughout the legal process.
Contact Our San Antonio BWI Lawyers
If you or a loved one is facing BWI charges in San Antonio, it’s crucial to seek legal assistance as soon as possible. Contact Smith & Vinson Law Firm today for a free consultation. Our experienced BWI defense lawyers are ready to stand by your side and defend your rights.
Schedule a consultation with a San Antonio BWI defense lawyer today. You can reach us at (210) 960-9557 anytime.
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Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
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Our client was unfortunately in a bad relationship that was ending but before the end her boyfriend decided he was going to secure some property that didn’t belong to him. This led to an argument and for Police to ultimately be called. Our client didn’t want anyone to end up in jail so she downplayed the pushing that had been going on only to realize that the boyfriend had saved his own skin.
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Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
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Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.
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