Criminal Defense Lawyer Travis County – The legal system of Austin and Central Texas requires the experience of an experienced criminal defense attorney. If you are facing criminal charges at BWI in Austin, Texas, criminal defense attorney Rob Chesnutt can help. Rob is a native Texan and is familiar with the Central Texas criminal justice system.
Always strive to ensure open communication throughout the process while ensuring the most favorable outcome for your case. Fill out the contact form or call us to schedule a free consultation.
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Criminal defense attorney Rob Chesnutt has over ten years of experience defending criminal cases in Austin, ensuring you have the best DUI defense possible. Rob is an attorney who will handle your case from start to finish and return all calls/messages within 24 hours.
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Boating while intoxicated is similar to driving while intoxicated. If a criminal case is not handled properly, it can have long-term consequences on your criminal record. Like drunk driving, drunk boating can result in jail time, hefty fines, and loss of your driver’s license. Additionally, a BWI conviction may affect your ability to obtain certain jobs, professional licenses, or credit in the future.
BWI charges are outlined in Texas Penal Code 49.06. The term “vessel” generally refers to a ship, boat, or other vessel used to transport persons on water, excluding a seaplane or fixed engine vessel.
Intoxication is legally defined as the inability to function normally in the mind or body due to the use of alcohol, controlled substances, narcotics, dangerous drugs, a combination of two or more substances, or other substances in the body. Additionally, Texas law defines a person as “substantially intoxicated” if their blood alcohol content (BAC) is 0.08 percent or higher.
A first offense BWI is classified as a Class B misdemeanor and carries a minimum penalty of 72 hours in jail. If the defendant has a prior conviction for BWI or DWI, the penalties may be more severe. Therefore, a strong defense is critical to minimizing the potential consequences of a BWI charge.
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In Texas, you can be charged with BWI if you operate a boat while under the influence of alcohol or drugs. This includes motorboats, sailboats, jet skis and other watercraft.
An experienced criminal defense attorney will be able to reduce the sentence or sometimes challenge the state’s evidence and dismiss the case entirely.
In Austin, law enforcement officers use a variety of measures to patrol and prevent drunken boating incidents.Alcohol. For example, the Austin Police Department’s Lake Patrol is dedicated to keeping Austin’s waterways safe. Officers frequently patrol popular lakes such as Lake Austin, Lake Lady Bird and Lake Travis, especially during peak boating season and major holidays. They conduct random safety and sobriety checks on boat drivers.
Factors such as improper boat control, speed, or navigation violations may attract the attention of patrol officers and lead to an investigation by BWI. The investigation often includes a field sobriety test. Similar to driver road tests, these tests are designed to assess a person’s level of disability. Failure or refusal to take these tests may result in arrest and BWI charges.
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In addition, the Texas Parks and Wildlife Department has game wardens who have the authority to stop and board if they suspect the operator is intoxicated. Failure to comply with government instructions during such inspections may result in legal sanctions.
If someone is arrested for driving while intoxicated (BWI) in Austin, they are usually sent to the Travis County Jail. A licensed attorney can help you obtain a personal recognizance (PR) bond, which is a promise to appear in court without having to post bail.
Alternatively, you can pay in cash or with a deposit. They require the defendant to provide a financial guarantee that the defendant will appear in court for all necessary proceedings. It is worth noting that by starting the release process earlier, the arrested person can quickly return to everyday life. Choosing to hire a criminal defense attorney can speed up the process, protect the rights of the accused, and ensure that all legal agreements are properly followed.
Penalties for BWI in Texas vary depending on the number of previous convictions and other factors. They are essentially the same as fines for drunk driving. For a first offense, a BWI charge can result in up to 180 days in jail, a fine of up to $2,000, and loss of boating privileges. Repeated violations may result in more severe penalties.
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Fines increase for repeat offenders. People face between 30 days and a year in jail and a fine of up to $4,000. Additionally, their boating license may be suspended for a longer period of time.
If someone is convicted a third time, it is considered a third-degree felony and carries serious consequences. This offense is punishable by 2 to 10 years in prison and a fine of up to $10,000. There is no doubt that a criminal conviction will have a profound impact on your life. Increasing fines may also affect future drunk driving costs. Before agreeing to a BWI conviction, consult with your criminal defense attorney and understand the consequences.
Although BWI charges can be overwhelming, an experienced attorney can identify many potential defenses. A common defense tactic is to challenge the validity of the medical examination performed or the procedure followed at the time of arrest. Errors in the arrest process or inaccuracies in testing may result in charges being dropped or reduced.
Additionally, if the officer lacks probable cause to stop the BWI, the evidence obtained may be deemed inadmissible. However, unlike traffic stops, officers can stop boats at any time for routine inspections. Remember that criminal defense cases are unique and your defense strategy must be tailored to your specific situation.
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In some cases, plea negotiations can be an effective strategy to reduce the severity of BWI penalties. This involves your criminal defense lawyer negotiating with the prosecutor to plead guilty to lesser charges. For example, you may be able to file a careless driving claim instead of a BWI charge. Sometimes you can avoid a criminal conviction altogether.
These cases often depend on the strength of the evidence against you and the specific facts of the case. It is important to consult with an experienced criminal defense attorney so you can fully understand the plea negotiation process and ensure your rights are protected.
Pretrial diversion is another legal remedy available to individuals facing BWI charges. Essentially, it is a rehabilitation program for offenders, usually first-time offenders, with the goal of preventing future offending behavior.
While on pretrial detention, offenders may be required to receive alcohol education, counseling, community services, and other services for a specified period of time. Upon successful completion of the program, the BWI charge is usually dismissed and the incident can be expunged from the offender’s record.
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The right to pretrial diversion varies depending on the jurisdiction and the specific circumstances of the case. Certain factors, such as the offender’s criminal history and the severity of the crime, may affect eligibility. It is important to consult with an experienced attorney who can advise you on the appropriateness and suitability of a pre-trial diversion for your case. If possible, discuss this program with your criminal defense lawyer as it is a good option for many people.
In some cases yes. Although BWI is related to driving privileges, the court may order the suspension of your driver’s license depending on the nature and severity of your case.
Texas law does not prohibit opening containers on ships. However, it is illegal to operate a boat while intoxicated, which is a major issue in BWI cases.
Yes, a BWI conviction will appear on your criminal record, just like a DWI. This could impact your career and future opportunities. Talk to an experienced criminal defense attorney to protect yourself from such charges and minimize the potential long-term consequences.
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Yes, the BWI field sobriety test may be different from the test administered during a DUI traffic stop. This is due to unique environmental factors while sailing, such as boat movement or exposure to prolonged sunlight.
However, as with a DUI, the officer will observe your physical and cognitive abilities to determine whether you are impaired. This may include asking you to complete a task or answer a question.
The Float Sobriety Test (FST) is a test specifically designed for individuals suspected of being under the influence (BWI) on a boat. These tests are designed to assess damage while adapting to the unique conditions on board. Unlike traditional roadside sobriety tests, the Seat FST is administered while the suspect is seated due to the instability of the motorboat.
These tests may include finger-nose touching, horizontal gaze, and manual tasks.
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