Fort Bend Boating While Intoxicated Lawyer | BWI Defense

Why Fort Bend County Residents Trust Varghese Summersett

Varghese Summersett is one of Texas’s most respected criminal defense firms, with four offices across the state and a high-caliber team of attorneys and legal professionals. The firm has secured over 1,600 dismissals and more than 800 charge reductions for clients across Texas, backed by more than 100 years of combined legal experience.

The firm’s Houston and Fort Bend County practice is led by Mike Hanson, Senior Counsel and Area Lead, who previously served as an Assistant District Attorney in both Tarrant County and Fort Bend County. That prosecutorial background means he understands exactly how BWI cases are built — and how they can be challenged. He is also Board Certiied in Juvenile Law, an accolade held by less than 10 percent of attorneys in the state.

Fort Bend County residents trust Varghese Summersett because of the firm’s proven results, recognized excellence, and unwavering commitment to clients. With more than 1,100 five-star reviews, numerous industry awards, and a reputation for delivering unmatched service and unparalleled outcomes, the firm has become a go-to choice for those facing serious criminal charges. Clients know they are backed by a team of highly respected trial lawyers who are not only experienced, but also relentless in protecting their rights and future when it matters most.

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Common Questions About BWI in Fort Bend County

Is BWI the same as DWI in Texas?

BWI and DWI are separate offenses under the Texas Penal Code, but they share the same legal definition of intoxication and carry nearly identical penalties. The key difference is the vehicle: DWI involves motor vehicles on public roads, while BWI involves watercraft on public waters. Both offenses can be enhanced to felony level based on prior convictions or serious bodily injury. You can learn more on our Fort Bend DWI Lawyer page.

Can I be arrested for BWI if I’m below the 0.08 BAC limit?

Yes. Texas law does not require a BAC of 0.08 to support a BWI arrest. You can be charged if law enforcement determines you have lost the normal use of your mental or physical faculties, even at a lower BAC. Officers use field sobriety evaluations adapted for marine environments to assess impairment.

Do I lose my driver’s license if convicted of BWI?

A BWI conviction does not automatically trigger a driver’s license suspension the same way a DWI does. However, BWI convictions are considered prior intoxication offenses under Texas law, meaning a subsequent DWI conviction could be enhanced based on the BWI. The consequences reach further than just the water.

What happens if someone is injured?

If someone suffers serious bodily injury as a result of a BWI, the charge elevates to Intoxication Assault, a third-degree felony. If someone dies, the operator can be charged with Intoxication Manslaughter, a second-degree felony carrying up to 20 years in prison.

The Law: What Texas Penal Code § 49.06 Actually Says

Under Texas Penal Code § 49.06, a person commits Boating While Intoxicated if they operate a watercraft in a public place while intoxicated.

“Intoxicated” is defined under Texas Penal Code § 49.01 as either:

• Not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of these, or any other substance into the body; or
• Having an alcohol concentration of 0.08 or more.

“Watercraft” includes motorboats, sailboats, vessels powered by wind, wave runners, jet skis, or any vessel used on water — even non-motorized crafts in some circumstances.

What the Prosecution Must Prove

To convict someone of BWI, the State must prove every element beyond a reasonable doubt. The burden of proof rests entirely on the prosecution — you are not required to prove your innocence. The State must establish:

• You operated a watercraft
• The watercraft was in a public place (public water body)
• You were intoxicated at the time of operation

Each of these three elements can be challenged. If the prosecution fails to prove even one, the case should not result in a conviction.

Penalties for BWI in Fort Bend County

The level of the charge — and the consequences — depend on your history and the circumstances of the incident:

• First offense (§ 49.06(b)): Class B misdemeanor — up to 180 days in jail, a fine up to $2,000, and a minimum of 72 hours in jail upon conviction.
• Second offense (§ 49.09(a)): Class A misdemeanor — up to 1 year in jail and a fine up to $4,000, with a minimum of 5 days in jail upon conviction.
• Third or subsequent offense (§ 49.09(b)): Third-degree felony — 2 to 10 years in prison and a fine up to $10,000.
• BWI with open container: Class B misdemeanor with a minimum of 6 days in jail upon conviction.
• Intoxication Assault (§ 49.09(b-1)): Third-degree felony if serious bodily injury results.
• Intoxication Manslaughter (§ 49.08): Second-degree felony if death results — 2 to 20 years in prison.

Beyond the criminal penalties, a BWI conviction creates a permanent criminal record, can affect professional licenses, and may be used to enhance future intoxication offense charges.

Bond for BWI in Fort Bend County

After a BWI arrest in Fort Bend County, you or a family member will need to post bond before release from the Fort Bend County Jail at 1410 Highway 90A in Richmond. Bond amounts for BWI in Fort Bend County vary depending on the circumstances of the arrest, whether there are prior intoxication convictions, whether anyone was injured, and the presiding judge’s discretion. As a general reference, first-offense misdemeanor intoxication charges in Fort Bend County have carried bonds in the low thousands of dollars, while felony-level intoxication charges have ranged into the tens of thousands. An attorney can appear on your behalf at a bond hearing to argue for the lowest possible bond amount.

Defenses to a Fort Bend County BWI Charge

A BWI arrest is not a conviction. The charge must still be proven in court, and every element is subject to challenge. Experienced defense attorneys examine the entire case — from the initial stop to the evidence collection — to find weaknesses in the State’s case.

Challenging Whether You Were “Operating” the Watercraft

Texas courts have addressed what constitutes “operating” a vehicle in the DWI context. Similar arguments apply to BWI. If you were anchored and not actively controlling the vessel, the State may have difficulty proving operation. This is not a simple argument, but it can be effective in the right facts.

Challenging Intoxication

The marine environment creates unique challenges for field sobriety evaluations. Sun exposure, wind, water movement, and fatigue can all mimic signs of intoxication. Officers trained for land-based DWI investigations may not be adequately equipped to accurately assess impairment on the water. A skilled attorney will scrutinize whether the sobriety evaluation was properly conducted.

Challenging the BAC Test

If a blood or breath test was administered, its reliability depends on proper collection, storage, and analysis procedures. Equipment calibration, chain of custody, and the qualifications of the testing personnel all matter. A blood draw error or a gap in the chain of custody can undermine BAC evidence entirely.

Challenging the Legality of the Stop

Law enforcement must have reasonable suspicion to stop a watercraft. If the initial boarding or stop lacked legal justification, the resulting evidence may be suppressible under the Fourth Amendment.

Challenging the Public Waters Requirement

The offense must occur on a “public place.” In most circumstances this is not contested, but in some situations involving private lakes or restricted waterways, it may be a viable challenge.

What to Expect After a BWI Arrest in Fort Bend County

The criminal process in Fort Bend County follows a predictable path, but each step has consequences. Here is what to expect:

1. Arrest and booking: You will be transported to the Fort Bend County Jail in Richmond. A bond will be set, and you will remain jailed until bond is posted.
2. Arraignment: You will appear before a judge in the Fort Bend County Courts at Law or, for felony charges, in a district court at the Fort Bend County Justice Center at 301 Jackson Street, Richmond. You will be formally advised of the charges.
3. Discovery: Your attorney will obtain all evidence the State has gathered, including officer body cam footage, marine patrol reports, toxicology results, and witness statements.
4. Pre-trial motions: Your attorney may file motions to suppress illegally obtained evidence, challenge the sufficiency of the stop, or address other legal issues before trial.
5. Negotiation or trial: Many cases resolve through negotiated pleas. Others go to jury trial. An attorney who has tried intoxication cases before Texas juries is invaluable at this stage.

The sooner you retain a defense attorney, the more options you preserve. Evidence can be lost, witnesses’ memories fade, and early intervention by a lawyer can sometimes prevent charges from being filed at all.

If you are ready to speak with a defense attorney about your BWI case, reach out to our Fort Bend County team for a free consulation.

What to Expect From Varghese Summersett

From the moment you call, you will speak with someone who can help. Our Fort Bend County criminal defense team handles BWI cases from arrest through trial. Here is what working with us looks like:

A Team With Deep Local Knowledge

Our Senior Counsel and Area Lead for the Houston and Fort Bend region, Mike Hanson, served as an Assistant District Attorney in Fort Bend County before joining Varghese Summersett. He knows how the Fort Bend County District Attorney’s Office approaches intoxication cases. That insider knowledge shapes our defense strategy from day one.

Thorough Case Investigation

We do not wait for the State to come to us. We obtain body camera footage, marine patrol reports, any video from witnesses or nearby vessels, and all toxicology records. We review the officer’s BWI training and certification history. We look for every gap in the State’s case.

Skilled Negotiators and Trial Attorneys

Varghese Summersett attorneys have tried more than 100 cases in Texas courts. We prepare every case as if it will go to trial, because that preparation is what produces results — whether at the negotiating table or in front of a jury. The firm has achieved over 1,600 dismissals and more than 800 charge reductions across its caseload.

Clear Communication

You will always know where your case stands. We return calls. We explain options in plain language. You will never feel lost in the process.

Speak with a Fort Bend County BWI attorney by calling (281) 805-2220. Consultation are free.

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Watch our attorneys break down Texas criminal law, DWI and intoxication offenses, and what to expect in the legal process.

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Frequently Asked Questions About BWI in Fort Bend County

Can a BWI be expunged from my record in Texas?

If your BWI case is dismissed or you are acquitted at trial, you may be eligible for an expunction, which removes the arrest from your criminal record. If you received a deferred adjudication, you may be eligible for a nondisclosure after completing the terms. A conviction for BWI cannot be expunged. Getting the charge dismissed or reduced is the most powerful way to protect your record long term.

Can a minor be charged with BWI in Texas?

Texas has a zero-tolerance standard for minors operating watercraft with any detectable amount of alcohol. A minor does not need to meet the 0.08 BAC threshold to be charged with a juvenile intoxication offense. Juvenile BWI matters are handled differently from adult cases, and the consequences — including long-term record implications — make early legal representation critical.

What is the difference between BWI and a boating violation in Texas?

A boating violation is typically a civil or regulatory infraction handled by Texas Parks and Wildlife, such as a safety equipment violation or a registration issue. BWI is a criminal offense under the Texas Penal Code that can result in jail time, fines, and a permanent criminal record. They are in completely different legal categories.

Do Texas Game Wardens enforce BWI laws?

Yes. Texas Game Wardens employed by Texas Parks and Wildlife have full law enforcement authority on Texas waterways, including the authority to conduct sobriety checks and make BWI arrests. Fort Bend County waterways, including sections of the Brazos River, are regularly patrolled. Sheriff’s deputies also have authority to enforce BWI laws.

What should I do if I’m stopped by a game warden or officer on the water?

Remain calm and be polite. You are not required to answer questions beyond identifying yourself. You have the right to decline field sobriety evaluations, though refusal may have legal consequences. Do not make statements about where you have been drinking or how much you have consumed. Contact a criminal defense attorney as soon as possible.

Charged With BWI in Fort Bend County? Call Us Day or Night.

A BWI charge puts your freedom, your record, and your future at risk. The attorneys at Varghese Summersett have defended intoxication charges across Texas and know exactly how Fort Bend County prosecutes these cases. Every day you wait is time the prosecution uses to build its case against you.

Call (281) 805-2220 for a free consultation. You can also visit our Fort Bend DWI Lawyer page or our page on Boating While Intoxicated to learn more about how we defend these charges.