BWI Arrests During Fall Fishing on Galveston Bay – How These Cases Work

Fall is a prime time for fishing on Galveston Bay. The cooler weather and abundance of fish bring both locals and tourists to the waters, enjoying what the area has to offer. However, it’s also a time when law enforcement increases patrols for Boating While Intoxicated (BWI) offenses. The combination of recreational boating and alcohol can lead to arrests that carry serious consequences. For those who enjoy spending time on the water, it’s important to understand how BWI arrests work in Galveston, the legal implications, and how a defense attorney can help.

Awards & Media Appearances

What is BWI and How Does it Relate to DWI? Boating While Intoxicated (BWI) is similar to Driving While Intoxicated (DWI) in that it involves operating a vehicle – in this case, a boat – while impaired by alcohol or drugs. In Texas, the legal limit for blood alcohol concentration (BAC) on the water is the same as on the road: 0.08%. However, the penalties for a BWI conviction can be just as severe as those for a DWI, which is why it’s essential for boaters to be aware of the legal risks. The law governing BWI arrests on Galveston Bay is designed to ensure safety for all watercraft operators, passengers, and others on the water. Officers are trained to identify signs of intoxication and are authorized to stop and test boat operators who appear to be impaired. Understanding how these cases unfold can make a significant difference in protecting your rights.

How BWI Arrests Happen on Galveston Bay

Law enforcement in Galveston frequently patrols the waters, especially during peak boating seasons like the fall. If a police officer suspects that a boater is under the influence, they may initiate a stop for a variety of reasons such as erratic behavior, speeding, or failure to adhere to safety regulations. Once the boat is stopped, the officer may request that the operator submit to field sobriety tests or a breathalyzer test. If the officer believes the operator is intoxicated, they can place the individual under arrest. Just as with DWI cases, the boater will be required to submit to a breathalyzer or blood test to determine BAC levels. If a boater refuses, there are legal consequences, including the suspension of their driver’s license. In some cases, law enforcement may also issue a citation for operating the boat while impaired, even if no BAC test is administered.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Zaira Banda

Legal Assistant

Colleen Herndon

Legal Assistant

Penalties for a BWI Conviction

BWI convictions in Texas come with a range of penalties that can have long-lasting consequences. The severity of the penalty depends on the circumstances surrounding the arrest, such as whether the person has prior offenses or whether the arrest involved a child passenger. Here are the typical penalties associated with BWI charges:

• First Offense: A first-time BWI conviction can result in a fine of up to $2,000, imprisonment for up to 180 days, or both. The court may also suspend the individual’s boating license. 
• Second Offense: A second BWI offense can lead to a fine of up to $4,000 and up to one year in jail. Repeat offenders may also face longer license suspensions. 
• Third Offense or Subsequent: For those with multiple BWI convictions, the penalties become even more severe. Fines can reach $10,000, and the offender may face extended jail time. 

In addition to these fines and jail sentences, individuals convicted of BWI may face higher insurance rates, damaged reputation, and a permanent criminal record. These consequences can affect both personal and professional lives. Therefore, it’s essential to take BWI charges seriously and seek the help of an experienced attorney.

Defending Against BWI Charges

BWI charges are not automatically a conviction. There are several potential defenses that can be used to challenge the arrest and the evidence presented in court. A skilled attorney will evaluate all aspects of the case to build the best defense strategy. Here are some common defense tactics:

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

Lack of Probable Cause for the Stop

One of the primary defenses against BWI charges is challenging the initial stop by law enforcement. In order for an officer to pull over a boat, they must have a reasonable suspicion or probable cause. If the officer did not have a valid reason to stop the boat, the evidence gathered from that stop, including BAC tests, may be thrown out in court.

Improper Administration of Tests

Breathalyzer and field sobriety tests must be administered properly to be valid. Breathalyzers must be calibrated regularly, and officers must follow strict protocols when conducting tests. If the breathalyzer was malfunctioning or the officer did not follow proper procedures, the results may not be reliable. An attorney can challenge the accuracy of these tests in court.

Environmental and Medical Factors

Boating in certain weather conditions, on a choppy bay, or after physical activity can impact a person’s ability to perform field sobriety tests accurately. Furthermore, medical conditions, such as balance disorders, could cause a person to appear intoxicated when they are not. These factors can be used to argue that the individual was not impaired when arrested.

False Positive Results

There are cases where breathalyzer tests provide false positive results, which could lead to an unjust BWI charge. If the officer did not conduct the test correctly, or if other substances in the boater’s system caused the BAC reading to be skewed, it may be possible to argue that the test results are not reliable.

Consequences of Refusing a BAC Test

Under Texas law, refusing to submit to a breathalyzer or blood test after a BWI arrest can result in automatic penalties, including the suspension of your driver’s license. While this refusal may not prevent a BWI conviction from occurring, it can limit the evidence available to the prosecution, which may make it harder for them to prove their case. However, refusing a test comes with its own set of legal consequences that must be weighed carefully.

The Importance of Legal Representation for BWI Cases

If you’ve been arrested for BWI in Galveston, it is vital to seek legal representation immediately. Having an attorney who specializes in BWI cases can make a significant difference in the outcome of your case. Zendeh Del & Associates has experience defending clients facing BWI charges in Galveston and surrounding areas. Our team works hard to ensure that every angle of your case is reviewed and that your defense is as strong as possible. BWI arrests during the fall fishing season on Galveston Bay can have serious legal consequences. With the potential for fines, imprisonment, and long-term impacts on your personal life, it is important to understand your rights and seek legal help if you’ve been charged with a BWI offense. At Zendeh Del & Associates, we are here to help you navigate this complex legal process, fight for your rights, and work towards the best possible outcome. If you or someone you know has been arrested for BWI, don’t hesitate to contact Zendeh Del & Associates for a free consultation. Let us help you fight the charges and protect your future.

To learn more about this subject click here: Protecting Your Rights During a Police Stop in Galveston