Boating While Intoxicated Defense in Midland
Law Enforcement & Prosecution Experience Applied to Your BWI Defense
Texas generally calls this offense Boating While Intoxicated, or BWI. Some people search for boating under the influence or BUI, but the allegation centers on operating a covered watercraft while intoxicated by alcohol, drugs, or both.
We provide criminal defense in Midland and throughout the surrounding West Texas region. We examine the vessel involved, the reason for the encounter, field sobriety observations, breath or blood testing, witness accounts, and any reported accident or injury.
Call us at (432) 237-3530 for a free consultation about the charge, your legal options, and the steps you can take now.
Building a BWI Defense Around the Evidence
Our attorneys bring backgrounds in state and federal law enforcement, prosecution, and criminal defense, including work in district attorney’s offices. That experience informs how we examine the State’s evidence, identify gaps, and prepare a defense tailored to the circumstances.
We evaluate the initial encounter, investigate the surrounding events, gather available evidence, and assess whether the prosecution can prove every required element beyond a reasonable doubt. We also represent clients in discussions with prosecutors and in court.
A defense review may examine:
- The encounter: Why officers approached or stopped the vessel and whether a water safety inspection stayed within its lawful scope.
- Officer observations: Statements about speech, coordination, balance, appearance, or behavior.
- Testing procedures: How field sobriety procedures, breath testing, or blood testing were conducted and whether the results are reliable.
- Other evidence: Video, photographs, witness accounts, dispatch records, and evidence identifying who operated the vessel.
Potential Consequences of a Texas Boating Charge
Under Texas Penal Code Section 49.06, a basic BWI offense is generally a Class B misdemeanor with a minimum confinement term of 72 hours. The charge and potential penalties can change based on prior convictions, the alleged conduct, and other case-specific facts.
Operating a watercraft while intoxicated with a passenger younger than 15 can lead to a separate state jail felony charge. An incident involving serious injury or death may result in intoxication assault or intoxication manslaughter allegations. The applicable charge depends on the facts, the prosecution’s charging decision, and Texas law.
A boating arrest doesn’t automatically carry the same driver’s license consequences as a roadway DWI. Any administrative license issue must be evaluated separately because the applicable rules can depend on the vessel, engine rating, specimen request, test result, refusal, and other statutory conditions.
Why Choose Wolf, Stallings & Mayo?
-
Former Prosecutors
-
Same Day Appointments
-
Spanish Speaking Services Available
-
Free Consultation
