Steer Clear of a DWI Arrest on the Water this Memorial Day Weekend

Memorial Day weekend means barbecues and pool parties with family and friends to officially kick-off the summer. For many folks, this weekend will be the first time to have their boat on the water this year. Before you head out on the lake take a few minutes to check some of the boat components that are key to having a safe outing.

  • Have a wearable life jacket for every person onboard
  • Anyone under the age of 13 must wear a life jacket at all times while the boat is underway – drifting is considered underway
  • Have onboard a fire extinguisher if you have enclosed fuel compartments or cabins
  • Keep alcohol to a minimum and choose a designated boat operator

Repercussions of Boating While Intoxicated

Although Boating While Intoxicated (BWI) is considered a misdemeanor, a BWI charge can result in confinement in jail and the assessment of fines, which include the following:

  • First offense – Up to $2,000 fine, 180-days incarceration or both.– Up to $2,000 fine, 180-days incarceration or both.
  • Second offense – Up to $4,000 fine, one-year incarceration or both.
  • Third offense – Up to $10,000 fine and incarceration between two and 10 years.

How Can Boating While Intoxicated Result in the Suspension of Your Driver’s License?

In general, a person is not required to provide a blood or breath specimen if suspected of boating while intoxicated in Texas. In order to obtain a specimen against the will of a person under suspicion of boating while intoxicated, a search warrant must be signed by a judge. However, refusal to provide a breath or blood specimen will result in the automatic suspension of your driver’s license.

Hiring an Collin County Criminal Defense Attorney

Boating laws in Texas are built to strongly discourage boating while intoxicated, especially since open containers are allowed on boats. However, you could face severe penalties if you are arrested and convicted of boating while intoxicated.

At Rosenthal Kalabus & Therrian, we are dedicated to helping people resolve their sensitive legal issues, get through challenging times and move forward into a brighter future. We are proud to offer the same type of legal advocacy and client-centered service that we would demand if we were in our clients’ shoes. To discuss your case and best defense options for proceeding, call us to set up a free consultation at (972) 369-0577.

Written by: Rosenthal Kalabus & Therrian Last Updated : August 14, 2023