Denton County Boating While Intoxicated Lawyer | BWI Defense

Boating While Intoxicated (BWI) in Texas is a serious criminal offense that can result in jail time, substantial fines, and a permanent criminal record. If you’ve been arrested on the water in Denton County, you face the same criminal penalties as a DWI on the road, with the added complication of complex maritime enforcement procedures.

At Varghese Summersett, our Denton County DWI defense attorneys have extensive experience defending intoxication crimes. We understand how watercraft arrests happen, how law enforcement gathers evidence on the water, and what it takes to challenge these charges successfully.

What Is Boating While Intoxicated in Texas?

BWI occurs when someone operates a watercraft while intoxicated by alcohol, drugs, or a combination of both. You can be arrested and charged even if you’re not steering the boat at the time of contact with law enforcement.

Under Texas Penal Code § 49.06, you’re legally intoxicated if you have a blood alcohol concentration of 0.08 or higher, or if you’ve lost the normal use of your mental or physical faculties due to alcohol or drugs. This applies to anyone operating a motorboat, sailboat, personal watercraft, or any other vessel powered by a motor, sail, or paddle on public waters in Texas.

What makes BWI different from regular DWI is where it happens. Texas Parks and Wildlife wardens patrol lakes, rivers, and reservoirs throughout Denton County. These officers have specialized training in watercraft enforcement and can board vessels to conduct safety checks that quickly turn into BWI investigations.

Common Questions About BWI Charges

If you’re reading this, you likely have immediate concerns about what happens next. Here are the questions we hear most often from people facing BWI charges in Denton County:

Can I be arrested for BWI if I’m not driving the boat? Yes. Texas law defines “operating” broadly. If you’re in control of the vessel, even as a passenger with access to steering, you can be arrested. We’ve seen arrests where someone was sitting in the captain’s chair while the boat was anchored.

Do the same BAC limits apply on water? Yes. The legal limit is 0.08, just like on the road. Officers use the same breath testing equipment they use for DWI stops.

Can game wardens search my boat without a warrant? Generally yes. Wardens have broad authority to board vessels for safety inspections. What starts as a routine safety check often becomes a BWI investigation once officers detect alcohol.

Will I lose my driver’s license for a BWI? A BWI conviction does not trigger an automatic driver’s license suspension. However, if you refused a breath or blood test, you may face an Administrative License Revocation (ALR) hearing that could affect your driving privileges.

Is BWI a felony? First and second BWI offenses are misdemeanors. A third offense or higher becomes a felony, and BWI becomes a felony immediately if someone suffers serious bodily injury as a result of the intoxication.

Penalties for BWI in Denton County

Texas punishes boating while intoxicated with the same severity as driving while intoxicated. The penalties increase dramatically with each offense and when aggravating factors are present.

First Offense BWI

A first BWI is a Class B misdemeanor under Texas Penal Code § 49.06(b). If convicted, you face:

• Up to 180 days in county jail
• A fine up to $2,000
• Mandatory DWI education classes
• Community service requirements
• Potential probation with strict conditions

Our analysis of Tarrant County bond data shows that typical bonds for first-offense BWI under Texas Penal Code § 49.06(b) are around $500. Denton County bonds typically follow similar patterns.

Second Offense BWI

A second BWI is a Class A misdemeanor under Texas Penal Code § 49.09(a). Penalties include:

• Up to one year in county jail
• A fine up to $4,000
• Mandatory DWI education and treatment programs
• Extended probation periods
• Community supervision requirements

Based on our analysis of Tarrant County data, bonds for second-offense BWI typically range from $1,000 to $1,750.

Third or Subsequent BWI (Felony)

A third or subsequent BWI becomes a third-degree felony under Texas Penal Code § 49.09(b). This is a serious escalation with harsh consequences:

• 2 to 10 years in state prison
• A fine up to $10,000
• Felony conviction on your permanent record
• Loss of certain civil rights
• Substantial impact on employment and housing

Typical bonds for felony BWI (third offense or more) in Tarrant County average around $5,000 to $5,500, though bonds can be set higher depending on the specific facts of the case.

BWI with Serious Bodily Injury

If someone suffers serious bodily injury as a result of your intoxication while operating a watercraft, you can be charged with Intoxication Assault under Texas Penal Code § 49.07. This is a third-degree felony carrying 2 to 10 years in prison and up to a $10,000 fine.

If someone dies as a result, the charge escalates to Intoxication Manslaughter, a second-degree felony with penalties of 2 to 20 years in prison.

What to Expect: Typical Bond Amounts in BWI Cases

Understanding what bond you might face helps you prepare for what comes after arrest. Based on our analysis of more than 52,000 bonds set in Tarrant County, here’s what we typically see for BWI charges:

For a first BWI offense under Texas Penal Code § 49.06(b), the most common bond is $500. This reflects how courts view first-time misdemeanor intoxication offenses. Most people arrested for their first BWI can make bond and be released within hours of booking.

Second-offense BWI charges under Texas Penal Code § 49.09(a) typically see bonds around $1,000, though the average is closer to $1,750. The increase reflects the fact that this is your second intoxication offense and courts want assurance you’ll appear for future hearings.

Third-offense BWI charges (felony) see significantly higher bonds. Based on our data for Texas Penal Code § 49.09(b), typical bonds for felony BWI are around $5,000, with some reaching $5,500 or higher depending on criminal history and the specific facts of your case.

These amounts are for Tarrant County and serve as a useful benchmark. Denton County typically follows similar patterns, though individual judges have discretion to set bonds higher or lower based on factors like prior criminal history, ties to the community, and whether you’re considered a flight risk.

How BWI Arrests Happen on Denton County Waters

Denton County has several popular boating destinations, including Lake Lewisville, Lake Ray Roberts, and Lake Grapevine. Texas Parks and Wildlife wardens patrol these waters year-round but increase enforcement during summer weekends and holidays.

Most BWI arrests follow a predictable pattern. Wardens initiate contact during routine safety checks or after observing erratic operation. They’re looking for boats traveling too fast in no-wake zones, making unsafe turns, or showing other signs of impaired operation.

During the contact, officers observe your behavior, speech, balance, and coordination. They smell for alcohol and look for open containers. If they suspect intoxication, they’ll ask you to step onto the patrol boat or meet them on shore to perform field sobriety tests.

Here’s where BWI arrests become more complicated than roadside DWI stops. Balance and coordination tests are inherently unreliable after spending hours on a moving boat. The natural motion of being on water affects your equilibrium. You might be sober but still have difficulty with tests designed for solid ground.

Officers typically request a breath test. If you refuse, they can seek a warrant for your blood, just like in a DWI case. The same implied consent laws apply on water as on the road.

Common Defenses to BWI Charges

Every BWI case is different, but certain defense strategies appear repeatedly in successful outcomes. Our Denton County criminal defense team looks for these issues in every case:

Lack of Operation

The prosecution must prove you were operating the vessel while intoxicated. If you were a passenger, if the boat was anchored, or if someone else was steering, you may not have been “operating” under the law. We’ve successfully argued that clients who were simply sitting in the captain’s seat while anchored were not operating the watercraft.

Unreliable Field Sobriety Tests

Field sobriety tests are notoriously unreliable on water. Hours spent on a moving boat affect your balance and coordination even when you’re completely sober. The one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests are designed for solid ground, not for people who’ve been bobbing on waves all afternoon.

We challenge the validity of these tests by demonstrating how environmental factors affected performance. Weather conditions, wave action, heat, and sun exposure all impact balance and coordination.

Improper Stop or Search

While game wardens have broad authority to conduct safety inspections, they still need reasonable suspicion to expand a safety check into a criminal investigation. If officers exceeded their authority or violated your rights during the stop, evidence obtained may be suppressed.

Rising Blood Alcohol

Your blood alcohol concentration continues to rise for 30 to 90 minutes after your last drink. If you were arrested shortly after drinking, your BAC at the time of the test may have been higher than when you were operating the boat. This is called the “rising BAC” defense and can be supported by expert testimony.

Breath Test Issues

Breath testing devices must be properly calibrated and maintained. Officers must follow specific protocols when administering the test. We scrutinize calibration records, maintenance logs, and the officer’s adherence to required observation periods. Any deviation from proper procedure can render test results inadmissible.

Medical Conditions

Certain medical conditions mimic signs of intoxication. Dehydration, heat exhaustion, diabetes, and inner ear problems all affect balance, coordination, and speech. If you have a medical condition that could explain your symptoms, we can present medical evidence to challenge the officer’s observations.

The Unique Challenge of Defending BWI Cases

Defending boating while intoxicated charges requires understanding both criminal law and maritime enforcement procedures. The environment where the arrest occurred creates unique challenges and opportunities for defense.

Spending hours on water naturally affects your balance and coordination. Sun exposure causes dehydration and fatigue that mimic intoxication symptoms. Wind, waves, and boat motion all impact how you perform on field sobriety tests. An experienced attorney knows how to demonstrate these factors to prosecutors and juries.

Game warden testimony also requires specialized cross-examination. These officers have different training than police officers. Their procedures for boarding vessels, conducting safety checks, and transitioning to criminal investigations must be carefully examined for potential violations of your rights.

We’ve defended numerous intoxication charges in Texas, and BWI cases require a different approach than roadside DWI stops. The evidence looks different. The witnesses testify differently. The defenses available may be stronger because of the environmental factors at play.

Don’t Wait — Get a Free Consultation. BWI charges are serious, but they’re not convictions. Call (817) 203-2220 to discuss your case with an experienced Denton County defense attorney.

What Happens After a BWI Arrest in Denton County

Understanding the process helps you prepare for what’s ahead. Here’s what typically happens after a BWI arrest:

Booking and Bond

After arrest, you’re taken to jail for booking. You’ll be photographed, fingerprinted, and held until bond is set. For first-offense BWI, bond is typically set quickly, often within hours. You can post bond and be released the same day in many cases.

For subsequent offenses or if aggravating factors are present, bond may take longer to set and may be higher. Having an attorney contact the jail early can sometimes expedite the process.

Initial Court Appearance

Your first court date is an arraignment where you’ll be formally charged and asked to enter a plea. You should have an attorney by this point. Never enter a plea without legal representation.

Discovery and Investigation

Your attorney will request all evidence the prosecution has, including body camera footage, police reports, breath test results, and calibration records. This discovery phase often reveals problems with the state’s case.

We conduct our own investigation. We visit the location where you were stopped. We review weather conditions and water conditions on the day of arrest. We consult with experts on breath testing, field sobriety tests, and maritime law enforcement.

Plea Negotiations

Most cases resolve through negotiation rather than trial. Armed with the weaknesses we’ve identified in the state’s case, we negotiate with prosecutors for reduced charges or alternative outcomes like deferred adjudication or dismissal.

Trial

If negotiations don’t produce an acceptable outcome, we’re prepared to take your case to trial. We’ve tried numerous intoxication cases and understand what it takes to win in front of a jury.

Collateral Consequences of a BWI Conviction

A BWI conviction creates problems beyond the immediate criminal penalties. You’ll carry a permanent criminal record that appears on background checks. Employers, landlords, and professional licensing boards will see your conviction.

If you hold a commercial driver’s license (CDL), a BWI conviction can affect your ability to drive commercially even though the offense occurred on water, not on the road. Certain professional licenses require disclosure of criminal convictions, and some licensing boards view intoxication offenses seriously.

BWI convictions can affect your ability to operate boats in other states. Some states have reciprocal enforcement agreements with Texas. A conviction here may result in boating restrictions elsewhere.

If you’re not a U.S. citizen, any criminal conviction can affect your immigration status. Even misdemeanor offenses can trigger deportation proceedings or make you inadmissible for future immigration benefits. If you’re facing BWI charges and have immigration concerns, you need an attorney who understands both criminal and immigration law.

How Previous BWI Convictions Affect Your Current Case

Texas treats repeat intoxication offenses harshly. If you have a prior BWI or DWI conviction, prosecutors will seek enhanced penalties. Your second offense becomes a Class A misdemeanor. Your third becomes a felony.

What many people don’t realize is that prior convictions from other states count toward enhancement. If you have a boating while intoxicated conviction from Louisiana or Oklahoma, Texas prosecutors can use it to enhance your current Texas charge.

The lookback period for BWI is your entire lifetime. Unlike some states that only look back 10 years, Texas considers all prior convictions regardless of when they occurred. A BWI conviction from 20 years ago can still be used to enhance a current charge to felony level.

This makes it critical to fight every BWI charge aggressively. A conviction you think is minor today can come back to haunt you if you’re arrested again years later. What would have been a misdemeanor becomes a felony DWI charge because of that old conviction.

Why You Need an Attorney for BWI Charges

BWI cases are technical. The evidence is complex. The defenses available require knowledge of both criminal law and maritime enforcement procedures. Trying to handle your case without an attorney is a mistake that almost always results in a worse outcome.

Prosecutors offer plea deals that sound reasonable but carry hidden consequences. They’ll tell you it’s “just a misdemeanor” or that “everybody pleads guilty to these.” What they won’t tell you is that the conviction follows you forever, counts toward enhancement if you’re arrested again, and creates collateral consequences you won’t discover until years later.

An experienced attorney knows how to identify weaknesses in the state’s case. We know what to look for in police reports and video footage. We know how to challenge breath test results and field sobriety tests. We know how to negotiate with prosecutors and when to take a case to trial.

We also understand the local courts. Denton County has its own procedures and its own prosecutors. We know the judges, the prosecutors, and what it takes to get favorable outcomes in this jurisdiction.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your BWI case, you get a team of legal professionals working on your behalf. We’re not a one-person operation. We have the resources to investigate your case thoroughly and the trial experience to take it to a jury if necessary.

We start with a detailed investigation of your arrest. We obtain all police reports, body camera footage, and witness statements. We examine the breath testing device’s calibration records and the officer’s training records. We visit the scene to understand the environment and conditions.

We identify every possible defense and develop a strategy tailored to your case. Some cases need aggressive litigation. Others benefit from quiet negotiation. We adapt our approach based on the evidence and the prosecutor assigned to your case.

Throughout the process, we keep you informed. You’ll know what’s happening, what to expect next, and what your options are at each stage. We explain the law in plain language and give you realistic assessments of your case.

Our track record speaks for itself. We’ve achieved more than 1,600 dismissals and 800 charge reductions across all practice areas. While past results don’t guarantee future outcomes, they demonstrate our ability to get favorable results for our clients.

If you’re facing BWI charges in Denton County, call us at (817) 203-2220. The initial consultation is free. We’ll review your case, answer your questions, and explain your options.

Frequently Asked Questions About BWI in Denton County

What’s the difference between BWI and DWI?

The main difference is location. BWI occurs on water, while DWI occurs on land. Both are intoxication offenses punished under the same sections of the Texas Penal Code with identical penalties. The investigation procedures differ because BWI arrests involve game wardens and maritime enforcement, but the legal standards and consequences are the same.

Can I refuse a breath test during a BWI stop?

Yes, but refusal has consequences. Under Texas’s implied consent law, refusing a breath or blood test can result in an automatic driver’s license suspension through an ALR hearing, even though the offense occurred on water. Refusing also gives officers probable cause to seek a warrant for your blood. Whether to refuse is a complex decision that depends on your specific circumstances.

Will a BWI conviction affect my driver’s license?

A BWI conviction itself does not automatically suspend your driver’s license. However, if you refused a breath or blood test, you may face license suspension through the ALR process. Additionally, if you’re under 21, a BWI conviction can result in license suspension because Texas has zero tolerance laws for minors.

Can I get deferred adjudication for BWI?

Yes, deferred adjudication is available for first-offense BWI in Texas. If you successfully complete the terms of deferred adjudication, the case is dismissed and you avoid a conviction on your record. However, the arrest and deferred adjudication will still appear on background checks, and a dismissal after deferred adjudication can still be used to enhance future intoxication offenses.

How long does a BWI stay on my record in Texas?

A BWI conviction stays on your criminal record permanently unless you take steps to seal or expunge it. If you received deferred adjudication and successfully completed it, you may be eligible for a nondisclosure order that seals the record from most background checks. If your case was dismissed, you may be eligible for expunction. An attorney can evaluate your eligibility and help you pursue these options.

Talk to a Denton County BWI Defense Attorney Today

BWI charges are serious, but they’re not convictions. With the right defense strategy and an experienced attorney, you have options. Don’t plead guilty without understanding all the consequences and exploring every possible defense.

At Varghese Summersett, we defend intoxication charges throughout North Texas. Our attorneys have the knowledge, resources, and trial experience to fight for the best possible outcome in your case. Call us at (817) 203-2220 for a free consultation. We’ll review your case, answer your questions, and explain how we can help.