A sunset on Lake Livingston… It does not get much better, except with a beer or cocktail. The famous sunset cruise on Lake Livingston or other Texas waters is one of life’s luxuries — until you are stopped for a water safety check. Once the game warden sees that cocktail, do not worry about the fire extinguisher; suspicion of boating while intoxicated (BWI) is now the focus.
In coastal counties, the odds of being stopped are even higher due to a multitude of different law enforcement agencies patrolling the waters. All these agencies make random stops for not only water safety checks, but also for game inspections and border security. The increased law enforcement presence in Chambers, Galveston, Brazoria, Matagorda and other counties lead to an increased risk of a BWI arrest. Don’t take chances with your rights: Call the Law Offices of Charles T. Ganz at 713-364-0953 today.
How Serious Is A BWI Arrest?
A BWI arrest is very serious because it affects your driver’s license, driving privileges and potentially your car insurance, not to mention that any criminal conviction on your record will have an impact on your future.
The Odds Are Stacked Against You From The Start
Unlike a DWI that requires a police officer to observe an illegal act, boating while intoxicated does not require law enforcement to observe any abnormal or illegal behavior. They can simply stop any and every boat on the water looking for potential BWI cases. Just as with DWI, it is legal to operate a boat after consuming alcohol so long as the operator is not intoxicated, but what is different than DWI is the increased likelihood of an officer suspecting that a sober person on the water is intoxicated.
Think about the different elements involved while boating, such as being in the direct sun, constant movement of the boat, relaxed attitude of being on the water, and the likelihood of a fellow passenger having an alcoholic beverage in their possession. All of this leads to increased suspicion of intoxication, even though it is legal to have an open container in a boat and normal to be more relaxed while on the water.
While that initial suspicion is troubling, the water sobriety tests are even more troubling. There are not any standardized field sobriety tests that can be performed on the water. So law enforcement uses an array of abnormal finger touch and counting tests that do not distinguish between intoxication, coordination or wit. Some people can count backwards from 67 to 56 whether they have been drinking or not. Some people can say their alphabet starting at G and end promptly at T without hesitation, others cannot. This is true regardless of whether or not they have consumed alcohol. Some people are extremely coordinated with their hands and fingers, while others or not.
Bottom line, if you have trouble doing any of these unpracticed and abnormal tasks for the officer, you will be transported to shore for additional testing. In their words, you will be “detained for additional testing”; in reality, you are arrested. After this initial arrest, you will be given a chance to prove your sobriety by performing standardized field sobriety tests on shore. After a 15-minute period to lose your sea legs, you have to walk a line and stand on one leg. The truth is it does not matter how well you perform on these tests; they will request a breath or blood specimen once you are done.
Your Driver’s License Is At Stake
At the time law enforcement requests a breath or blood specimen, a BWI becomes the legal equivalent of DWI. Even though you are not required to have a driver’s license to operate a boat, a BWI arrest has the same effect on your driver’s license as a DWI. If you refuse to provide a sample of what the officer requests (either breath or blood), your driver’s license will be suspended for 180 days up to two years if you do not request an Administrative License Revocation hearing.
I recommend you hire a lawyer to make the request for you because the Department of Public Safety does not overlook technicalities such as grammar or spelling errors. Depending on the error, it could be used to deny you a hearing. Do not request a hearing yourself. Instead, call a lawyer immediately and let the expert request the hearing.
Hire A Lawyer Experienced With Not Only BWI Cases, But Also Boating
You want a lawyer that has been out on the lake where you were arrested. You want a lawyer who understands boating — how to operate a boat, what is required in a water safety check, etc. Would you hire a lawyer who does not know how to drive a car? What about a lawyer who has not driven in Texas? These are all questions that you should ask an attorney before making a decision.
Law enforcement would like you to believe their increased manpower, increasing water safety checks, and increasing fish and wildlife checks are all designed to keep us safe or protect wildlife. However, being on the water has not all of a sudden become unsafe. No one wants unsafe boaters, especially drunk boaters, on our waters, but we do not want to be overzealous toward the boaters who have consumed a few beers while fishing.
If you are charged with BWI in Texas, find a lawyer with experience in BWI cases. The tests and environment are inherently unfair, and every BWI arrest should be heard by a jury of your peers. As a fellow boater, we must stand up to increased infringements on our freedom, and the only way to do that is to fight back. I am a BWI lawyer with 10 years of experience defending intoxication offenses and 25 years of experience driving boats in every type of water, from inland rivers and lakes to the waters of our coast. Call me today at 713-364-0953, or contact my Houston office by email.