If you or a loved one is facing a boating while intoxicated charge in Arlington, TX, you may be unsure of what to do in the aftermath. You do not have to face these chaotic moments alone.
Let a boating while intoxicated lawyer in Arlington, TX help manage your defense and build a strong case that protects your rights. Call the Law Offices of Randall B. Isenberg at 214-696-9253 today for a free consultation.
Boating While Intoxicated Laws in Texas
Texas law stipulates that BWI laws apply to almost any type of watercraft. You can be arrested on the water for BWI if:
- There is a suspicion that you are impaired by drugs or alcohol.
- You have a blood alcohol concentration (BAC) of 0.08 percent or above.
You can refuse to take a BAC test at the scene of the arrest, but the penalties for doing so are the same as they are on the road: your driver’s license can be suspended and other penalties can be imposed as a result.
Penalties for Boating While Intoxicated in Texas
The consequences of a BWI conviction are similar to the penalties you would face for driving a car while intoxicated.
Administrative License Revocation (ALR) After Boating While Intoxicated
A BWI driver’s license suspension will be carried out regardless of the criminal charges you may face. Your ALR suspension will last for 6-12 months, and you will have just 15 days to request a hearing to appeal it.
A boating while intoxicated lawyer in Arlington, TX can help you request an appeal hearing with an administrative law judge. Even if we are unable to have your ALR suspension reversed, we may be able to secure an occupational license that will allow you to drive to necessary locations like work, school, grocery stores, and post offices.
Fines and Jail Time After Boating While Intoxicated
Texas counts BWI and DWI convictions together when determining how to amplify the penalties associated with a conviction. The penalties you could face depending on your specific situation are outlined below.
- Your first BWI conviction can result in up to $2,000 in fines and up to 180 days in jail.
- Your second BWI conviction can result in up to $4,000 in fines and up to 365 days in jail.
- All subsequent BWI convictions can result in up to $10,000 in fines and between 2-10 years in jail.
It is also possible to receive additional penalties if any of the following circumstances apply to your case.
- Intoxication assault. Charged if you caused an accident that resulted in serious bodily injury. This is a third-degree felony, which carries penalties of 2-10 years in jail and up to $10,000 in fines.
- Intoxication manslaughter. Charged if you caused an accident that resulted in the loss of life. This is a second-degree felony, which carries penalties of up to 20 years in prison and severe fines.
How a Boating While Intoxicated Lawyer in Arlington Can Help
If you or a loved one was accused of boating while intoxicated in Arlington, our team at the Law Offices of Randall B. Isenberg can help in the following ways:
The last thing most of our clients want to deal with when facing a boating while intoxicated charge is the flurry of back-and-forth communications taking place between the prosecution, the defense, and the various insurance companies involved in the case. We can take the burden off you, passing on the most important details and freeing you up to spend more time with your family.
Negotiate a Plea Deal
If we can speak to the prosecutor before your charges are formally filed, we may be able to have them dismissed. If we are unable to secure a full dismissal of your charges, we will investigate the details of your case to identify areas we can leverage into asking the prosecution for a reduced sentence with reduced penalties.
Our team will fight vigorously to protect your rights throughout this process. We will make sure you fully understand any plea bargain and what it means for your future, and we will advise you on the next steps that might be appropriate for your specific situation.
Create a Strong Defense on Your Behalf
Attorney Randall B. Isenberg is a former prosecutor and judge with more than 30 years of experience in the criminal justice system. He understands the strategies that will be used against you in court, and he knows how to vigorously defend against them.
Some of the ways we can help build a strong defense include:
- Challenging your initial stop
- Challenging your breath and blood tests
- Challenging the enhancement paragraphs the prosecution is using to turn your misdemeanor into a felony
No matter which strategies make sense for your specific case, we will focus on triable issues that make it difficult to prove you were guilty beyond a reasonable doubt. A boating while intoxicated lawyer in Arlington, TX knows how to protect your rights and will force the prosecution to demonstrate its constitutional burden of proof in court.
Call the Law Offices of Randall B. Isenberg Today for a Free Consultation
If you or a loved one are accused of boating while intoxicated, our law firm can help. Call the Law Offices of Randall B. Isenberg at 214-696-9253 to learn more about how a criminal defense lawyer can help you.