Comal County Boating While Intoxicated Lawyer
A day on the water can quickly turn into a criminal case if law enforcement believes you’ve been operating a boat under the influence of alcohol. In Texas, Boating While Intoxicated (BWI) is prosecuted just as aggressively as Driving While Intoxicated (DWI), and the penalties are very similar. If you’ve been arrested for BWI on Canyon Lake elsehwere in Comal County, it’s critical that you take the charge seriously and speak with a qualified defense attorney right away.
At The Law Offices of David C. Hardaway, we provide clear, strategic guidance to people facing BWI charges in Comal County. We don’t judge — we defend. You’ll get honest answers about what’s ahead, direct communication from start to finish, and a defense plan tailored to your situation. These cases can move quickly, and the evidence can be flawed. Let our Comal County boating while intoxicated defense lawyers step in and start building your defense now.
What Is Boating While Intoxicated in Texas?
Simply put, under Texas Penal Code § 49.06, a person commits the offense of Boating While Intoxicated if they operate a watercraft while intoxicated. A “watercraft” is broadly defined in the law and includes motorboats, sailboats, jet skis, and any other vessel used for transportation on water. Canoes and kayaks are generally excluded, but they can still become part of an investigation if there’s suspicion of alcohol-related misconduct.
“Intoxicated” is defined the same way it is for DWI. It includes either not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination; or having a blood alcohol concentration (BAC) of 0.08% or more.
BWI arrests in Comal County often result from increased patrols during busy weekends and holidays. Texas Game Wardens and local agencies actively patrol Canyon Lake and other popular waterways. If they stop your boat and suspect intoxication, they may require you to undergo a field sobriety test on land or provide a breath or blood sample.
Unlike DWI stops, where the Fourth Amendment limits roadside investigations, courts have given officers broader leeway on the water. But that doesn’t mean the case is a slam dunk for the prosecution — and we know where to look for flaws in how these cases are handled.
Penalties for Boating While Intoxicated
A first-time BWI offense is a Class B misdemeanor under Penal Code § 49.06, which carries up to 180 days in jail, a fine of up to $2,000, a mandatory minimum jail sentence of 72 hours, and a driver’s license suspension, even though the offense occurs on water.
To make matters worse, these penalties can escalate with the presence of certain aggravating factors. For instance:
- BWI with a passenger under 15 years old (Penal Code § 49.045) becomes a state jail felony
- Intoxication assault while operating a boat (Penal Code § 49.07) becomes a third-degree felony
- Intoxication manslaughter (Penal Code § 49.08) is a second-degree felony
In many cases, law enforcement may charge multiple offenses at once — for example, BWI and endangering a child. We know how to break those cases down and challenge each charge aggressively.
How BWI Is Different From DWI — and Why That Matters
While the penalties for BWI and DWI are similar, some important distinctions affect the way these cases are handled. For one thing, you do not have to be “operating” the boat in the same way as a car; even drifting or controlling the vessel’s speed may qualify. Also, there is no “implied consent” for field sobriety testing on the water — though refusing a breath or blood test still has consequences. Additionally, sobriety tests conducted on uneven surfaces like docks or boats can be unreliable — and we often challenge them in court.
Differences like these can often be used to your advantage. Our job is to scrutinize every step the officers took and identify the weaknesses that can lead to reduced charges, dismissed cases, or alternative outcomes.
BWI Defense Strategies That Work in Comal County
A BWI arrest doesn’t mean a conviction is inevitable. Our approach includes:
- Reviewing the legality of the stop and detention
- Challenging field sobriety test conditions and results
- Analyzing blood or breath test procedures and timelines
- Negotiating for pretrial diversion or dismissal when appropriate
- Preparing for trial when the evidence doesn’t hold up
We’ve helped clients walk away from charges just like these — and we’re ready to fight for you.
We Know the Local Courts. We Know the Waterways. We Know How to Win.
Comal County sees a high volume of alcohol-related boating arrests, especially during summer and festival seasons. We understand how these cases play out locally, and we know the prosecutors, judges, and legal procedures that come into play. Whether your case involves a holiday weekend outing at Canyon Lake or a stop by Texas Parks & Wildlife officers, we’re prepared to take your side and push back hard against the charges.
Talk to a Comal County BWI Defense Lawyer Today
Don’t wait to get legal help. The sooner we get involved, the better your chances of limiting the consequences and protecting your record. At The Law Offices of David C. Hardaway, we take pride in giving clients the straight truth, a clear path forward, and an aggressive defense. Call us today so we can start right away building your defense.
