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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 MoreFort Worth Boating While Intoxicated Lawyers
Boating While Intoxicated (BWI) is a criminal offense under Texas Penal Code §49.06. In the Fort Worth area, BWI enforcement occurs on Eagle Mountain Lake, Benbrook Lake, Lake Worth, and Grapevine Lake, primarily 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 Fort Worth area for more than 30 years. 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.
Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with DWI Defense – Including: Allen, Austin, Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.
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.
Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with DWI Defense – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.
The Forensic Defense in Fort Worth 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 Fort Worth-area lakes 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.
Related Blogs
Why Deandra Grant Law for Fort Worth 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 Fort Worth area, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.
Frequently Asked Questions About Boating While Intoxicated (BWI) Charges in Fort Worth, TX
What is Boating While Intoxicated (BWI) in Fort Worth, TX?
Boating While Intoxicated (BWI) refers to operating a watercraft while under the influence of alcohol or drugs in Fort Worth, TX. It is a serious offense that carries penalties similar to driving while intoxicated (DWI) charges.
What are the Penalties for BWI in Fort Worth, TX?
Penalties for BWI in Fort Worth can include fines, probation, community service, and even jail time. Additionally, a BWI conviction may lead to the suspension of your boating privileges and the creation of a criminal record.
Can I Refuse a Breathalyzer Test During a BWI Stop?
Refusing a breathalyzer test during a BWI stop can have consequences, including the automatic suspension of your boating privileges. It’s essential to consult with an attorney before making any decisions regarding chemical testing.
Can I Still Be Arrested for BWI if I Was Not Driving the Boat?
Yes, in Fort Worth, TX, you can be arrested for BWI even if you were not driving the boat. If you were operating or in physical control of the watercraft while intoxicated, you may face BWI charges.
Will a BWI Conviction Affect My Driver's License?
A BWI conviction can lead to the suspension of your boating privileges, but it can also impact your driver’s license, especially if you already have a prior DWI conviction.
Should I Hire a Lawyer for My BWI Case?
Yes, it is highly recommended to hire an experienced BWI lawyer to represent you in Fort Worth, TX. A skilled attorney will protect your rights, build a strong defense, and work to achieve a positive outcome for your case.
Can I Fight a BWI Charge in Fort Worth, TX?
Yes, you have the right to challenge a BWI charge. A lawyer can explore potential defenses, such as improper testing procedures, lack of probable cause for the stop, or medical conditions that may have affected the sobriety tests.
What Should I Do if I've Been Arrested for BWI in Fort Worth, TX?
If you’ve been arrested for BWI, the first step is to consult with a Fort Worth BWI lawyer immediately. Avoid making any statements to law enforcement without legal representation and document all the details surrounding your arrest.
Can I Still Operate a Boat While My BWI Case is Pending?
While your BWI case is pending, it is crucial to adhere to any restrictions or limitations imposed by the court or the Texas Parks and Wildlife Department. Violating these restrictions could result in additional penalties.
How Can Deandra Grant Law – Criminal & DWI Defense Help with My BWI Case?
Deandra Grant Law – Criminal & DWI Defense has a team of experienced Fort Worth BWI Lawyers who will provide expert legal representation for your case. We offer free consultations to discuss your situation, protect your rights, and guide you through the legal process, working to achieve a positive outcome for your BWI charge.
Can I lose my driver’s license for a BWI?
Yes. Even though the offense occurs on the water, a BWI conviction can still result in a driver’s license suspension through the Texas Department of Public Safety (DPS). You may also face surcharges and higher insurance rates.
How is a BWI different from a DWI?
The laws and penalties for BWI and DWI in Texas are very similar. The key difference is that a BWI occurs on watercraft while a DWI occurs on roadways. Law enforcement uses similar tests, such as field sobriety tests and breath or blood tests, to determine intoxication.
Do I need a lawyer if I’m charged with BWI in Fort Worth?
Yes. A BWI conviction can lead to jail time, fines, license suspension, and a permanent criminal record. An experienced Fort Worth BWI lawyer can challenge the stop, testing procedures, and evidence to protect your rights and fight for the best possible outcome.
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