BWI Defense Lawyer in Sugar Land and Fort Bend County, Texas

Texas Penal Code § 49.06 governs BWI and is available here. If one operates a watercraft while intoxicated, one may be arrested for BWI. It is important to note that a watercraft is any craft that a person can use over water, such as boats, jet skis and even water skis. This designation excludes vessels like rowboats because they are propelled entirely by manpower. A game warden or sheriff/officer may board your vessel for safety and security reasons, for example to check that you have enough life jackets, registration, flags and a fire extinguisher. But once they get on the boat, they may detect the “odor of an alcoholic beverage” on your breath or person. Most officers will also note your eyes, speech, balance and any empty containers, all the while building probable cause to detain you for further investigation. Even if you pass their standard field sobriety tests on land, you may still be asked to provide a breath or blood specimen.