Texas BWI vs. DWI Charges

In Texas, the laws surrounding intoxication extend beyond roads to include waterways. Both Boating While Intoxicated (BWI) and Driving While Intoxicated (DWI) carry significant legal consequences, but the specifics of each offense differ. For residents of Houston, Galveston, and League City, understanding these distinctions is key to avoiding severe penalties and protecting your rights.

Legal Standards for BWI and DWI in Texas

Both BWI and DWI charges in Texas have similar legal frameworks but with some unique aspects because of the environment where they occur.

Definition and BAC Limits

• DWI: A person is said to have committed a DWI in Texas if s/he operates a motor vehicle in a public place while intoxicated. Intoxication is defined as having a BAC of 0.08% or more, or being impaired by drugs or alcohol.
• BWI: BWI laws prohibit operating a watercraft while intoxicated. A watercraft includes motorboats, sailboats, and jet skis. Like a DWI, the BAC threshold for BWI is also 0.08%, but law enforcement applies these standards to open waterways.

Environment and Enforcement

While a DWI generally occurs on public roads, a BWI takes place on Texas’ waterways. This difference brings unique enforcement challenges:

• DWI: Officers monitor vehicles on roads, highways, and other public spaces.
• BWI: Game wardens and marine law enforcement patrol the waterways. They sometimes perform safety inspections, wherein intoxication will result in a BWI charge.

BWI and DWI Penalties

Texas takes BWI and DWI offenses very seriously, with the punishment increasing according to the facts surrounding the offense, previous convictions, and the extent of the danger caused.

First Offense

• DWI: On a first offense of DWI, punishments consist of fines up to $2,000, an imprisonment of 72 hours to 6 months, and driver’s license suspension. Additional sanctions may result from a breath test refusal.
• BWI: The above penalties are the same in BWI as those regarding a first DWI conviction. However, a BWI conviction doesn’t have the direct impact on a driver’s license but might impose other restrictive requirements, such as the boater education course.

Recommendation: Learn more about the first DWI offenses in Texas.

Increased Sanctions

Both offenses have higher punishments in some cases:

• If someone’s BAC is above 0.15%, then punishments for both crimes are significantly raised.
• Intoxication that causes collisions, hurt someone, or kill somebody, may be punished as a felony for both DWI and BWI cases.

Long-Term Effects

A conviction of either can affect more than just your immediate future. Higher insurance rates, potential job difficulties, and a tarnished reputation usually don’t go away easily.

DWI and BWI Defense

An arrest in either a DWI or BWI charge depends entirely on the effectiveness of building and presenting a sound defense strategy. Both BWI and DWI require the prosecutor to prove that the person is operating the vehicle or the watercraft under intoxication.

Challenging Tests

• Breath Test Refusal: A refusal can lead to automatic sanctions in Texas due to implied consent but may restrict the evidence to prosecutors.
• Challenge to the Results of BAC: These results from the breathalyzer and blood test can be challenged due to poor calibration, mishandling of the testing equipment, and delay in testing.

Observational Evidence

Officers usually rely on observations of behavior to establish intoxication. A good lawyer will question the reliability of such evidence, especially in BWI cases where the motion of the water can be mistaken for signs of impairment.

Jurisdictional Issues

Since waterways may cross into federal jurisdiction, BWI cases sometimes involve overlapping state and federal laws. A lawyer experienced in maritime and Texas state law can identify inconsistencies in the prosecution’s case.

Key Differences in Legal Handling

While BWI and DWI share much in common, their handling under Texas law differs in several ways:

• Jurisdiction: BWI cases can involve federal waterways and different enforcement agencies.
• License Suspension: Many times, DWI offenses result in driver’s license suspensions, while BWI penalties do not typically affect driving privileges directly.
• Law Enforcement Practices: On waterways, law enforcement has more leeway to stop and inspect vessels, making it easier to initiate a BWI case.

Hire the Best Lawyer for Your Case 

If charged with a BWI or DWI, securing a knowledgeable attorney is critical. The Law Offices of Tad Nelson & Associates provide comprehensive legal representation for these charges.

If you’re facing a BWI or DWI charge in Houston, Galveston, League City, or anywhere in Texas, don’t face it alone—contact the Law Offices of Tad Nelson & Associates today for a personalized consultation.