Boating While Intoxicated (BWI)
Our state has more miles of inland waterways than any other state. Add this to our beautiful Gulf Coast beaches and you’ll soon realize just how much water Texans have been blessed with. Many people take advantage of this by traveling the waterways with boats and jetskis. Unfortunately, some people take these blessings for granted and risk their lives and the lives of others by boating while drunk. This is not only a serious crime, it is also a real danger to everyone on the water. In fact, alcohol is the direct cause of at least 20% of all deadly boating accidents and is a factor in even more. If you have been accused of a BWI, Boating While Intoxicated, you will need a skilled Houston BWI attorney to help defend your innocence.
Unlike a DWI stop, a police officer can stop your boat at any time for a safety check. While these stops would normally be illegal, the Texas legislature has given these officers this right in order to help our state stop having the most boat-related fatalities nationwide. While the constitutionality of this law may be questionable, it is still law, which means the police will not hesitate to invoke this right. This is one thing your Houston BWI lawyer can do nothing about.
You do have rights during onboard safety checks though; you may refuse to take the portable breathalyzer test and the "float test" –a field sobriety test designed for boaters. The officer will most likely try to threaten you with arrest if you refuse to take these tests, but just like a DWI traffic stop, by the time he has requested you take these tests, you will probably be arrested, whether or not you take them. Every Houston BWI attorney agrees on this point: never take a float test, field sobriety test or portable breathalyzer test.
At this point, the officer may decide to bring you into the station to take a chemical test. Always opt for the breathalyzer as it is the easiest for your Houston DWI lawyer to dispute in court. Do not refuse the test because it will still be held against you as an admission of guilt and you will lose your license for six months –a BWI penalty you will not incur if you take the test. If your results are over 0.08%, you will be charged with a BWI; not to worry though, Stradley, Chernoff & Alford, P.A. can help you fight these accusations.
Without a good drunk driving defense in Houston, Texas, you may be found guilty of a Class B misdemeanor and be forced to pay $2,000 in fines and subject to a 72 hour jail sentence. Don’t take chances with your BWI defense. Contact our offices today.
