Frisco Boating While Intoxicated Defense Attorney

Boating While Intoxicated (BWI) is a criminal offense under Texas Penal Code §49.06. Frisco sits between two major recreational lakes: Lake Lewisville to the northwest in Denton County, and Lake Lavon to the east in Collin County. BWI enforcement on both lakes is conducted primarily by Texas Game Wardens, with Collin County lake arrests prosecuted by the Collin County District Attorney’s Office and Denton County lake arrests prosecuted by the Denton County District Attorney’s Office. 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.

Deandra Grant Law has defended BWI charges in the Frisco 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.

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 — 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 Frisco-Area BWI Cases

Which county prosecutes your case. If your BWI arrest occurred on Lake Lewisville, the case is prosecuted in Denton County. If it occurred on Lake Lavon, it is a Collin County case. The courthouse, the DA’s office, and the local practices differ. Deandra Grant Law handles BWI cases in both counties.

SFST validity on water. Texas law enforcement officers conducting BWI investigations may administer both the standard SFST battery (HGN, walk-and-turn, one-leg-stand) and the separate marine-specific battery developed by NHTSA, which includes Romberg Balance, Finger to Nose, and Hand Pat in addition to adapted versions of the land-based tests. 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 both batteries in every BWI case.

HGN and environmental factors. Sun glare, wind, fatigue from outdoor activity, and the residual motion effects of boating on Lake Lewisville or Lake Lavon can all affect HGN performance independent of alcohol consumption. Whether the Game Warden administering the test accounted for these conditions is examined in every case.

Texas Game Warden procedures. 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 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.

Why Deandra Grant Law for Frisco BWI Defense

• Office in Allen. 30+ years in Collin County courts. 500+ trials to verdict statewide. The Collin County Courthouse in McKinney and the Collin County DA’s office are familiar ground.
• 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.
• Both Collin and Denton County courts. BWI arrests near Frisco can land in either county depending on which lake. We handle both.
• 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 Frisco area, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.