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As Seen On
Texas DWI Manual
By Attorney Deandra Grant
Fighting DWI charges can present many challenges, not only for the defense, but prosecutors as well. This is why it is important to be armed with the necessary knowledge so you understand the DWI process.
Attorney Deandra M. Grant is the co-author of the Texas DWI Manual, offering legal advice to both clients and fellow attorneys.
Learn MoreDefending Your Future: Why Choose Deandra Grant Law – Criminal & DWI Defense for Your Boating While Intoxicated Defense in Allen, TX
Boating While Intoxicated (BWI) is a criminal offense under Texas Penal Code §49.06. In the Allen area, BWI enforcement occurs primarily on Lake Lavon and Lake Ray Hubbard, conducted by Texas Game Wardens. A BWI arrest follows the same general criminal process as a DWI but the forensic and procedural issues that arise on the water are meaningfully different from those in a traffic stop, and the defense analysis must account for those differences.
Deandra Grant Law has defended BWI charges in the Collin County area for more than 30 years, with an office in Allen. Managing Partner Deandra Grant is a trained SFST instructor and holds the ACS-CHAL Forensic Lawyer-Scientist designation along with a Master of Science in Pharmaceutical Science and a Graduate Certificate in Forensic Toxicology.
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BWI Penalties Under Texas Law
First offense — Class B misdemeanor: 72 hours to 180 days in jail, fine up to $2,000.
First offense with BAC 0.15% or higher — Class A misdemeanor: Up to 1 year in jail, fine up to $4,000.
Second offense — Class A misdemeanor: 30 days to 1 year in jail, fine up to $4,000.
Third offense — Third-degree felony: 2 to 10 years in TDCJ, fine up to $10,000.
BWI with child passenger — State jail felony: 180 days to 2 years in state jail, fine up to $10,000.
Intoxication assault (serious bodily injury) — Third-degree felony: 2 to 10 years in TDCJ, fine up to $10,000.
Intoxication manslaughter — Second-degree felony: 2 to 20 years in TDCJ, fine up to $10,000.
Like a DWI arrest, a BWI arrest can trigger an Administrative License Revocation (ALR) proceeding against your Texas driver’s license. If you refused a chemical test or provided a specimen showing a BAC of 0.08% or higher, you have 15 days from the date of notice of suspension to request an ALR hearing. Missing that deadline results in an automatic license suspension.
The Forensic Defense in Allen BWI Cases
SFST validity on water. Texas law enforcement officers conducting BWI investigations may administer both the standard Standardized Field Sobriety Tests (HGN, walk-and-turn, and one-leg-stand) and the separate marine-specific field sobriety test battery developed by NHTSA for the boating enforcement context, which includes Romberg Balance, Finger to Nose, and Hand Pat in addition to adapted versions of the walk-and-turn and one-leg-stand. Both batteries have their own administration protocols, and deviations affect the validity of the results. Extended time on a vessel also produces a phenomenon known as “mal de débarquement” (a persistent sense of motion after leaving a boat) that can affect balance and gait performance on tests administered immediately after docking, regardless of which battery was used. Deandra Grant is a trained SFST instructor and challenges the administration, scoring, and interpretation of both the land-based and marine-specific tests in every BWI case.
HGN and environmental factors. The Horizontal Gaze Nystagmus test requires precise administration under controlled conditions. Sun glare, wind, fatigue from outdoor activity, and the residual motion effects of boating can all affect HGN performance independent of alcohol consumption. Whether the Game Warden administering the test accounted for these conditions, and whether the test was properly administered under the NHTSA protocol, is examined in every case.
Texas Game Warden procedures. BWI stops on Lake Lavon and Lake Ray Hubbard are conducted by Texas Game Wardens, not municipal police officers or DPS troopers. The legal standards governing a Game Warden’s authority to stop and board a vessel, conduct a safety inspection, and develop reasonable suspicion of intoxication are distinct from the traffic stop framework. The legality of the initial contact and any subsequent investigation is examined before any other defense strategy is built.
Chemical testing. Breath and blood test results in BWI cases are subject to challenge on the basis of testing methodology, instrument calibration, chain of custody, and the qualifications of the analyst. The ACS-CHAL Forensic Lawyer-Scientist credentials held by Deandra Grant and Douglas Huff allow for independent evaluation of the State’s chemical evidence at the chemistry level.
Article 38.23. Texas’s exclusionary rule carries no good faith exception. The lawfulness of the Game Warden’s stop, boarding, and investigation is examined in every BWI case. Evidence obtained through an unlawful stop or search is suppressible under Article 38.23 regardless of what the evidence shows.
Why Deandra Grant Law for Allen BWI Defense
- Trained SFST Instructor — Deandra Grant.
- ACS-CHAL Forensic Lawyer-Scientist — Deandra Grant and Douglas Huff. Chemical testing, breath and blood analysis, and the forensic evidence underlying the State’s case evaluated at the scientific level.
- Master of Science in Pharmaceutical Science + Graduate Certificate in Forensic Toxicology. Blood alcohol analysis, retrograde extrapolation, and the pharmacology of alcohol impairment.
- Office in Allen. 30+ years defending DWI and BWI charges in North Texas. 500+ trials to verdict.
- 17 published law books. Including The Texas DWI Manual.
- Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
If you are facing Boating While Intoxicated charges in the Allen area, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.
Frequently Asked Questions About Boating While Intoxicated (BWI) in Allen, TX
If you have recently been arrested for Boating While Intoxicated (BWI) in Allen, TX, you likely have many questions and concerns about the legal process and what to expect. At Deandra Grant Law – Criminal & DWI Defense, we understand the uncertainty you may be facing, and we are here to provide you with answers and guidance. Below are some frequently asked questions about BWI in Allen, TX, along with their answers:
What is Boating While Intoxicated (BWI)?
Boating While Intoxicated, commonly known as BWI, is the offense of operating a watercraft while under the influence of alcohol or drugs. It is similar to driving while intoxicated (DWI) but pertains specifically to boating activities.
What are the Penalties for BWI in Allen, TX?
The penalties for BWI in Allen, TX, can vary depending on the circumstances of the case and the defendant’s prior criminal history. They may include fines, probation, jail time, mandatory alcohol education programs, and the suspension of boating privileges.
Can I Refuse a Breathalyzer Test While Boating?
Texas has an “implied consent” law, which means that by operating a watercraft, you are deemed to have consented to a breath or blood test if arrested for BWI. Refusing to take the test can result in the automatic suspension of your boating privileges.
Can I Still Drive My Car After a BWI Arrest?
A BWI arrest does not directly impact your driver’s license for operating a motor vehicle. However, if you are convicted of BWI, it may affect your driving privileges, depending on the circumstances and prior convictions.
Will a BWI Conviction Go on My Criminal Record?
Yes, a BWI conviction in Allen, TX, will go on your criminal record. Having a criminal record can have long-term consequences, affecting your employment, housing opportunities, and other aspects of your life.
Should I Hire a Lawyer for My BWI Case?
Yes, it is highly advisable to hire an experienced BWI lawyer in Allen, TX, to protect your rights and build a strong defense. A skilled attorney can analyze the details of your case, identify potential weaknesses, and work towards a positive outcome.
What Can a BWI Lawyer Do for Me?
A qualified BWI lawyer can guide you through the legal process, explain your rights and options, negotiate with the prosecution, and advocate on your behalf in court. They will work to protect your record and minimize the impact of the charges on your life.
How Can I Get a Free Consultation with Deandra Grant Law – Criminal & DWI Defense?
To schedule a free consultation with our experienced Allen Boating While Intoxicated Lawyers, you can contact us through our website or call our office directly. We will be happy to discuss the details of your case and provide you with the guidance you need.
Client Reviews
“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter
(214) 225-7117
Experienced DWI Defense