Time spent on the water with friends can turn into a nightmare if you get arrested for boating while intoxicated (BWI). In fact, Texas takes this crime just as seriously as DWI, with expensive fines, driver’s license suspension, and mandatory jail time.

Fortunately, you can fight BWI charges. Choose a boating while intoxicated (BWI) lawyer in Garland who will fight tirelessly to protect your legal rights and improve the outcome of your case.

The Law Offices of Randall B. Isenberg can help. Call us today at 214-696-9253 to get started.

Do You Need a Lawyer for Boating While Intoxicated (BWI) Charges?

Faced with BWI charges in Garland, you can plead guilty and accept the consequences that come with that. If you do, however, you will suffer the same fate as someone convicted for drunk driving. You will lose your driver’s license, pay major monetary fines, and spend time in jail.

You will also earn a permanent criminal record, which will show up any time someone runs a background check on you. This can make it difficult or impossible to get a job, rent a home, or find affordable car insurance.

Texas also views a BWI conviction exactly like a DWI conviction when assessing penalties for repeat offenses. So, if you face DWI/BWI charges in the future, the state will treat you as a repeat offender.

A BWI attorney at the Law Offices of Randall B. Isenberg will protect your legal rights and build a strong case in opposition to your charges. In many cases, your lawyer can convince the prosecutor to reduce or dismiss the charges against you.

If necessary, we can take your case to court and mount a strong defense on your behalf.

How Does The State Define Boating While Intoxicated?

In Texas, BWI is virtually identical to the crime of DWI, or driving while intoxicated — but on the water instead of the roadway.

The Texas Penal Code states that this offense applies to the operation of vessels, such as jet skis, pontoons, speedboats, and sailboats, while intoxicated. The statute also makes it illegal to waterski while intoxicated.

The BWI definition of intoxication mirrors that of DWI, which is a blood alcohol concentration (BAC) of 0.08 or above. However, the police can arrest you for BWI no matter what your BAC may be if they believe you do not have sufficient mental and physical capacity to operate your boat safely.

Penalties for Boating While Intoxicated (BWI) in Garland

The penalties for a BWI conviction mirror those for DWI:

First Offense BWI

A first BWI offense is a Class B misdemeanor, eligible for the following penalties:

• Up to $2,000 monetary fine
• A possible 3 days to 6 months in jail
• Up to a 1-year driver’s license suspension

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Second Offense BWI

This crime, a Class A misdemeanor, carries the following penalties:

• Up to $4,000 monetary fine
• 30 days to 1 year in jail (a mandatory minimum 3-day stay)
• Up to a 2-year driver’s license suspension

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Third and Subsequent Offense BWI

This crime is a third-degree felony, eligible for the following penalties:

• Up to $10,000 monetary fine
• Between 2 and 10 years in prison
• Up to a 2-year driver’s license suspension

In addition to the penalties described above, the judge may assign additional penalties including community service, community supervision (probation), a boating safety course, or substance abuse counseling.

And, also like DWI, boating while intoxicated qualifies for enhanced penalties if your BAC is above 0.149, if you caused property damage, injuries, or death, or if you operated your boat in a reckless manner.

What Are the Differences Between BWI and DWI?

As similar as these two offenses may be, they do have several differences.

• Field Sobriety Testing: The Texas BWI statutes previously required the police to conduct field sobriety testing on land. Now, however, officers can conduct this testing onboard your boat as long as they do so in compliance with the seated standardized field sobriety testing regulations(SSFSTR) established by the National Association of State Boating Law Administrators (NASBLA).
• Reasonable Suspicion: To search your car, the police must have a reasonable suspicion that you are intoxicated (or guilty of another crime). However, the police can board your boat and conduct a search at any time, with or without reasonable suspicion.
• Open Container: Texas statutes prohibit an open container of alcohol in a motor vehicle (you face a mandatory 6 days in jail) but not in a watercraft. On the water, your passengers may have open containers in their possession.

How Does a BWI Conviction Affect Your Driver’s License?

In Texas, conviction on either BWI or DWI can cost you your driver’s license.

At the time the police arrest you for boating while intoxicated, the officer will take your driver’s license and issue you a temporary authorization to drive. Within 15 days, you must request an Administrative License Revocation (ALR) hearing.

If you fail to schedule an ALR hearing, the Texas Department of Public Safety (TxDPS) will automatically suspend your license, regardless of the status of your criminal BWI charges. And, even if you do appear and give testimony at your hearing, TxDPS may suspend your license for some or all the allowable length of time.

TxDPS also requires payment of a surcharge (up to $2,000) to restore your license after suspension. You must pay this fee once each year for a total of 3 years after suspension.

How to Choose a BWI Lawyer in Garland

Do not make the mistake of taking BWI charges lightly. A BWI charge can disrupt your life and harm your future.

To choose the right attorney for you, look for a lawyer who will protect your rights and fight tirelessly to negotiate a more favorable outcome in your case. Also look for an attorney who has the right amount of experience. Attorney Randall Isenberg has more than 30 years’ experience, including time spent as a district court judge and a felony prosecutor. This unique perspective means he knows how the other side operates and how to prepare a strong defense.

Contact the Law Offices of Randall B. Isenberg today to schedule a free consultation: 214-696-9253.

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In Texas, criminal convictions can stay on your record forever, preventing you from finding a job, renting a home, or obtaining professional licensure. Even if the prosecutor failed to convict you, your criminal charges will follow you forever. Fortunately, you may have an option for clearing your record. However, expunction, the process by which you clear your name, is complicated.

An expunction and non-disclosure lawyer in Garland understands the process necessary for clearing your record of charges or convictions, and of sealing your records from public view.

Attorney Randall Isenberg of the Law Offices of Randall B. Isenberg can help. Call us today to get started: 214-696-9253.

Can a Lawyer Get My Arrest Record Expunged?

According to the Texas Code of Criminal Procedure, expunction is the process where the court removes an arrest from your permanent record.

In Garland, only some types of arrests qualify for expunction. If your situation falls into one of these categories, an expunction and non-disclosure lawyer can potentially help you.

Below is a list of arrest scenarios that a lawyer can help you expunge from your record:

• Records of arrest, as long as the state did not file charges
• Dismissed charges
• Overturned convictions
• Pardoned offenses
• Misdemeanor juvenile offenses (if applicable)
• Alcohol offenses for minors
• Crimes wherein you were a victim of identity theft

Even if your situation does not fit neatly into one of these categories, Randall may have other legal options to help you.

What Do I Need for Expunction of My Arrest Records?

To qualify for expunction of your arrest records, you must have gone to trial and subsequently received an acquittal or a conviction and pardon — as long as the prosecution never convicted you of any other crime related to the same incident.

If you never went to trial, expunction may work for you as long as your arrest did not involve a probation violation, the prosecution never convicted you (i.e., in absentia), you never fled while on bail, and you did not receive probation.

In addition, to qualify for expunction, one or more of these factors must also be true:

• The prosecution dismissed the charges
• The prosecutor does not need your records
• The court voided the charges
• The prescribed waiting period ended
• The statute of limitations ran out

How Does My Lawyer Request an Arrest Record Expunction?

The process for completing an expunction of arrest records varies depending on the jurisdiction that charged you originally. That may be a county or district court or the Garland municipal court.

Your lawyer must complete a lengthy petition and submit it to the court as well as each agency and facility in possession of your records. You must list every affected agency and individual as a Respondent to the petition, which provides them the opportunity to comment on or protest the expunction.

Upon receipt of the petition, the court schedules your hearing. You must appear at the hearing with your lawyer. Each Respondent has the option to appear also, to present its argument against expungement.

Your lawyer will present evidence during the hearing that you meet the legal requirements for expunction of your arrest record. If the court agrees, it will expunge your record.

Can an Expunction Non-Disclosure Lawyer Get My Record Sealed?

For convictions that do not allow expungement, you might be able to seek a non-disclosure order. Similar to the expunction process, the non-disclosure process allows for the sealing of your record, which prevents most public access.

As outlined in the Texas statutes, non-disclosure orders prevent the public from viewing your history. They do not, however, prevent governmental agencies from accessing the information. Your record will also remain admissible in court.

Specifically, your lawyer can request a non-disclosure order for Class B misdemeanors and below, as long as you completed your assigned probation or deferral project — and as long as you meet any other specific requirements or conditions for non-disclosure.

Your offense will NOT qualify for non-disclosure if any of the following conditions were present:

• Child injury
• Child abandonment
• Child endangerment
• Kidnapping
• Sex crimes
• Elderly or disabled person injury
• Violation of protective orders
• Domestic or family violence
• Stalking
• Murder

Similar to requesting an expunction, you must complete probation or deferral programs and the stated waiting period must conclude. You must also avoid any criminal conviction during deferral and the waiting period.

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How Long Must I Wait to Apply for Expunction or Non-Disclosure?

Before you can apply for expunction, you must wait for the Texas statute of limitation for that crime to run out.

In some cases, you may apply early. However, the prosecutor may deny the request. If the prosecutor approves your request, he typically retains your file until expiration of the statute of limitation.

The statutory waiting periods for expunction are as follows, classified by the severity of the offense:

• For a Class C misdemeanor, you must wait 180 days from the date of arrest
• For a Class B misdemeanor, you must wait 12 months from the date of arrest
• For a Class A misdemeanor, you must wait 12 months from the date of arrest
• For all allowable felonies, you must wait 3 years from the date of arrest

For a misdemeanor offense, you can petition for an order of non-disclosure once you complete your probation or deferral program. Some misdemeanors are automatic nondisclosures while others require a waiting period of 2 years. You must wait for 5 years to apply for non-disclosure if yours was a felony offense.

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Call an Expunction Non-Disclosure Lawyer in Garland Today

Obtaining either an expunction or a non-disclosure order is a complex process that requires an in-depth understanding of the law. Any departure from the required process may result in a denial of your request. And that is why you need a lawyer who understands the challenge and is willing to fight for the best possible outcome for you.

Attorney Randall Isenberg of the Law Offices of Randall B. Isenberg is that lawyer. He has experience that spans more than three decades, including time spent as a district court judge and felony prosecutor.

Contact our office today to discuss your case for free: 214-696-9253.

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In Garland, an underage DWI conviction can destroy a young person’s future.

In addition to significant fines, underage drunk driving charges mean a long driver’s license suspension, and even jail time. What is worse, however, is the permanent criminal record that can make it difficult — or impossible — to get into college, get a job, or even rent an apartment. An underage DWI lawyer in Garland can help to protect your future (or that of your child).

Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for help.

Why Do You Need an Underage DWI Lawyer?

Fighting underage DWI charges is the most effective way to avoid the harsh penalties that accompany a drunk driving conviction.

Your attorney can investigate the details of your arrest and the evidence against you to identify potential weaknesses in the prosecution’s case. Using this information, your lawyer can negotiate with the prosecutor for a reduction in charges or, potentially, a full dismissal of the charges.

Having a lawyer who understands the complex Texas underage DWI laws sends a strong message to the prosecutor: that you are serious about fighting the charges against you. Young people often fear the consequences of a trial and enter a guilty plea at the prosecutor’s urging — often on the promise of not going to jail.

What the prosecutor does not emphasize, however, is the long-term impact of having an underage DWI on your permanent record. You may not want family members, friends, or community members to know about your arrest. However, when you cannot get into college or get a job, the truth will come out.

Fighting these charges now is the best — and often the only — way to protect your future.

What Are the Penalties for Texas Underage DWI?

The penalties for any Texas DWI conviction are harsh, and that includes underage DWI.

The Texas statutes establish drunk driving penalties depending on your prior criminal record and your blood alcohol concentration (BAC) at the time of your arrest.

The specific under-21 drunk driving penalties are as follows.

Underage DWI: First Offense

Class B Misdemeanor, a potential jail sentence of 3 days to 6 months, fines up to $2,000, and driver’s license suspension of 90 days to 1 year.

Underage DWI: Second Offense

Class A Misdemeanor, up to 1 year in jail, fines up to $4,000, and driver’s license suspension of up to 2 years.

Underage DWI: Third and Subsequent Offenses

Felony charge, up to 10 years in prison, fines up to $10,000, and driver’s license suspension of up to 2 years.

Underage DWI Penalties: Additional and Enhanced

The prosecutor may add enhanced charges — including felony charges — to any under-21 DWI offense if the driver’s BAC exceeded 0.149, if the police found an open container of alcohol in the vehicle, or if a passenger under 15 was present in the vehicle.

If the drunk driving offense led to an accident involving injuries or death, the prosecutor can pursue felony charges that carry extensive prison time. Likewise, providing a minor with alcohol can also put a young driver behind bars for years.

Underage DWI convictions may also require participation in substance abuse counseling, rehab, or attendance of alcohol education courses. The driver may face lengthy probation, community service, and have to install a costly ignition interlock system on their vehicle.

Finally, an underage DWI conviction becomes a permanent part of your criminal record. This means your conviction may show up every time you apply for college, apply for a job, or apply to rent an apartment.

What Is Underage DUI and How Does It Differ from Underage DWI?

Texas law defines a separate set of penalties for driving while intoxicated (DWI) and driving under the influence (DUI). DUI charges apply to underage drivers only, whereas both under 21 and legal adult drivers may qualify for DWI charges.

For underage drivers — those who are not legally permitted to consume alcohol at all in Texas — the Texas Alcoholic Beverage Code (TABC) establishes a zero-tolerance standard. An underage DUI charge requires only that the driver have any measurable level of alcohol in their body.

However, to qualify for criminal DWI charges, drivers — no matter their age — must have a blood alcohol concentration (BAC) of 0.08 or above, according to Chapter 49 of the Texas Penal Code.

So, if an underage driver has a BAC of 0.08 or above, he will face DWI charges, just as an adult would.

This statute applies to intoxication via alcohol, drugs, or a combination of the two. You do not have to fail a BAC test for the state to charge you with under 21 DWI. The arresting officer need only deem that you do not have control of your mental or physical faculties.

How Will My Underage DWI Lawyer Fight the Charges?

The way we approach your case will depend, of course, on the specific events of your arrest. However, in most drunk driving cases, you have three alternatives to entering a guilty plea:

• Reduced charges: We may successfully negotiate with the prosecutor to reduce the charges against you.
• Dismissed charges: In some cases, such as if the prosecutor does not have enough evidence, we can convince the state to drop the charges
• Going to trial: If we cannot successfully get your charges reduced or dropped, we may have to go to court. If so, we can build a strong case in your defense to establish reasonable doubt

During this potentially overwhelming and confusing process, we can protect your legal rights and keep you advised of your options, helping to ensure the best possible outcome for your case.

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How Does Underage DWI Affect ALR in Garland?

Thus far, we have explored the potential impacts of a criminal conviction for underage DWI. However, we have not yet discussed another very important consequence of a DWI arrest: losing your license. The fate of your driver’s license depends on the result of the Administrative License Revocation (ALR) process.

The Texas Department of Public Safety (TxDPS) conducts this civil proceeding, to determine whether — and for how long — it will suspend your license. Even if the prosecutor drops the criminal charges against you, TxDPS can still revoke your license.

You must request a formal hearing, otherwise TxDPS will automatically revoke your license. Having your attorney present to represent you will help protect your legal rights, as you and the arresting officer must both testify under oath, which can lead you to saying something that can jeopardize your entire case.

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Call the Law Offices of Randall B. Isenberg Today

An underage DWI conviction can significantly impact your future. Do not leave your fate to chance.

Attorney Randall Isenberg of the Law Offices of Randall B. Isenberg has more than 30 years’ experience representing individuals facing drunk driving charges in Texas, including time working as a felony prosecutor and judge. His depth of knowledge and experience is exactly what you need to ensure the best possible outcome in your case.

Contact us today to schedule a free consultation and case review: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253