McKinney Boating While Intoxicated Defense Attorneys

Boating While Intoxicated (BWI) is a criminal offense under Texas Penal Code §49.06. In the McKinney and Collin County area, BWI enforcement occurs primarily on Lake Lavon, Lake Ray Hubbard, and Lake Texoma, 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 McKinney 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 Collin County 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.  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 is examined in every case.

Texas Game Warden procedures.  BWI stops on Collin County lakes are conducted by Texas Game Wardens. 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.