A boating while intoxicated (BWI) charge in Frisco, TX, can turn a fun afternoon on the lake into an experience that haunts you for the rest of your life. With a BWI conviction, you face jail time, driver’s license suspension, hefty fines, and a permanent record that can impact your ability to buy car insurance, get a job, or rent an apartment. A boating while intoxicated lawyer in Frisco can help you move past this charge and get on with your life.
At The Law Offices of Randall B. Isenberg, we fight for the rights of the accused. We believe you deserve passionate representation from an attorney who cares. Randall B. Isenberg has spent 30 years in the Texas court system, both as a prosecutor and a judge. He knows how the system works and can apply his knowledge to help you. For a free case evaluation, call 214-696-9253 today.
The Penalties for Boating While Intoxicated in Frisco, TX
A conviction for boating while intoxicated in Frisco, TX, can leave you without a driver’s license, making it difficult or impossible to get to work every day or run essential errands in a car-centric area with limited public transportation.
The penalties for BWI are similar to those for DWI in Texas — the state does not take it easy on you just because you were operating a watercraft rather than a land vehicle. It is legal to have an open container as a boat passenger, but if you take control of the craft at any point while above the legal blood alcohol limit of 0.08%, you may receive a BWI.
Persons convicted of BWI in Texas face the following penalties:
First-Offense BWI in Texas
A first-offense BWI is a class B misdemeanor in Texas. It carries the following penalties:
- Up to $2,000 in fines
- A minimum of 72 hours in jail and up to 180 days
If a first-time BWI offender causes serious injury to another person, the charge can be increased to intoxication assault, a third-degree felony, with fines as high as $10,000 and a jail sentence of up to 10 years.
A first-time BWI resulting in another person’s death is considered intoxication manslaughter, a second-degree felony punishable by fines up to $10,000 and up to 20 years in jail.
If you refuse to submit to a blood-alcohol test when stopped on suspicion of BWI, whether it is your first or subsequent offense, you face an automatic driver’s license suspension of 180 days.
Second-Offense BWI in Texas
A BWI is a second-offense in Texas if you have a prior conviction of operating any type of motor vehicle while intoxicated. That means a previous conviction of either BWI or DWI counts as your first offense.
Second-offense BWI in Texas is a class A misdemeanor and carries the following penalties:
- Up to $4,000 in fines
- A minimum of 30 days in jail, up to one year
Third-Offense BWI in Texas
A third-offense BWI is a felony in Texas. It carries the following penalties:
- Up to $10,000 in fines
- A minimum of two years in jail, up to 10 years
With a felony conviction, you will have to deal with a host of restrictions, inconveniences, and frustrations long after you have served your jail sentence and paid your fines. Felons in Texas may be barred from voting, owning a firearm, working certain jobs, and living in certain types of housing.
A boating while intoxicated lawyer in Frisco from The Law Offices of Randall B. Isenberg can help you fight your BWI charge, whether it is a first or subsequent offense, and move on with your life with minimal damage.
To schedule a free BWI defense consultation, call us today at 214-696-9253.
Defending Against a Boating While Intoxicated Charge in Frisco, TX
The appropriate defense strategy for your BWI charge depends on the specific details surrounding your case. We can poke holes in the prosecution’s case, creating reasonable doubt and trying for an acquittal. If the evidence against you is overwhelming, we can negotiate to try to have your charge reduced to a lesser offense.
Pleading Not Guilty
We can also weaken the prosecution’s case by determining if the arresting officer did not follow proper protocol or did not make you fully aware of your rights, or if the machine used to test your blood-alcohol level was not properly calibrated. We may be able to convince the prosecution to drop their charges against you or, if your case goes before a jury, present a strong case that will encourage the jurors to return a verdict of not guilty.
Working a Plea Deal
If the evidence against you proves insurmountable, we may be able to work out a plea deal with the prosecution. By pleading guilty to a lesser charge, such as misdemeanor reckless endangerment, you can often avoid many of the harsher penalties associated with a BWI conviction.
Call for a Free Consultation with a Boating While Intoxicated Lawyer Today
The dedicated BWI defense team at The Law Offices of Randall B. Isenberg is eager to speak with you about your case. A boating while intoxicated lawyer in Frisco can protect your rights and help you move past this charge. To schedule a free case evaluation, call us today at 214-696-9253.
