The two large lakes north and east of Dallas attract millions every year. Boaters on the reservoirs known as Lavon Lake (also called Lake Lavon) and Lake Ray Hubbard (formerly Forney Lake) are often in a partying mood, but illegal use of alcohol while operating a boat may torpedo the fun.
A person who operates a boat or other vessel on the water is subject to the same drinking and driving laws as a person who operates a motor vehicle on dry land. The "water police" keep a sharp eye out for boat operators who may be under the influence of alcohol or drugs.
A charge of boating while intoxicated (BWI) is just as serious a charge as DWI (driving while intoxicated) and both crimes are punished the same under Chapter 49 the Texas Penal Code, with the potential for imprisonment, heavy fines, and possible loss of a driver's license, as well as other consequences.
If you were arrested for BWI at Lavon Lake, Lake Ray Hubbard or anywhere else in Collin County, Texas, you should contact a lawyer experienced in boating while intoxicated cases. The attorneys at Law Offices of Richard C. McConathy have two decades of experience in BWI cases and we are capable of aggressively defending you and fighting for the most favorable outcome in your BWI case, too.
Law Offices of Richard C. McConathy represents BUI clients throughout Collin County, including the cities of Plano, Garland, McKinney, Frisco, Carrollton, Richardson, Allen, and Wylie, as well as Rockwall and Grayson counties.
Contact Law Offices of Richard C. McConathy at (972) 805-8855 today to schedule a free, confidential consultation with one of our attorneys. We will be able to review your case and explain your legal options, so call us now.
Alcohol-related accidents on the water sparked the Texas Legislature to create the Boating While Intoxicated statute, enacted in 1994.
Under the Texas Penal Code, Title 10, Chapter 49, § 49.06(a), Boating While Intoxicated occurs when a "person is intoxicated while operating a watercraft."
A "watercraft" is defined in § 49.01(4) as any of the following:
In addition, a person must have "actual physical control" of a watercraft in order to be "operating" the vehicle.
"Intoxicated" is defined under the Texas Penal Code § 49.01(2) as:
Under Texas P.C. § 49.01(1), "alcohol concentration" (also known as blood-alcohol concentration or BAC) means the number of grams of alcohol per:
BWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours after arrest required by the statute. A conviction of a Class B misdemeanor offense may result in a sentence of up to 180 days in jail and a fine of up to $2,000, or both.
BWI may be upgraded to a more serious charge if certain aggravating factors occur.
A conviction for BWI may result in several adverse consequences, both criminal and civil. Criminal penalties will be imposed by a judge or jury, while civil penalties are imposed administratively through the Texas Department of Safety (DPS).
The criminal punishments will depend on an offender's prior criminal history, as well as whether anyone was injured or killed as a result of a BWI incident. The criminal penalties provided for in the statutes include:
A BWI conviction may also result in additional penalties that spill over into an offender's life off the water. A person convicted of BWI may receive a driver's license suspension from DPS, often before the criminal portion of the case is completed. A driver facing a driver's license suspension for BWI has only 15 days to appeal the suspension.
Other penalties may include administrative fees, mandatory attendance at a DWI class, required drug or alcohol assessment and treatment, probation, community service, mandatory installation of an ignition interlock device (IID), and DPS Driver Responsibility Surcharges of $1,000 to $2,000 per year for three years.
A day on the water affects different people in different ways and the effects of the combination of the sun and water may be disorienting to some people. Although a person may appear to be impaired, the person's symptoms may be due to the environment.
The heat, the wind, or the glare of the sun on the water is sometimes disorienting and may affect a person's performance during field sobriety tests. Red eyes or a flushed face are often considered signs of impairment, but they may be able to be explained by time spent on the water rather than an indicator of intoxication.
The rules of the water do differ in some ways than the rules of the road. For example, probable cause is not required for marine officers to board a vessel for a safety inspection.
As in DWI cases, mistakes are sometimes made or improper procedures are used when alcohol tests are conducted on boat operators. An experienced BWI attorney may be able to find flaws in the tests or other gatherings of evidence that could lead to a reduction or dismissal or charges.
Texas Penal Code, Title 10, Chapter 49, Section 49.06 — Boating While Intoxicated — Read the Texas state laws related to Boating While Intoxicated and other statutes that address intoxication-related crimes.
U.S. Army Corps of Engineers — Lavon Lake — Learn a wealth of information about Lavon Lake on this website from U.S. Army Corps of Engineers, which operates the lake. Information includes history, maps, directions, recreational opportunities, and locations of boat ramps and marinas, as well as water safety tips.
Lavon Lake and Lake Ray Hubbard — The City of Wylie, situated between Collin County's two large lakes, provides maps, information about camping, fishing and parks at the lakes, and a link to the U.S. Army Corps of Engineers. Wylie Police, with assistance from other local, state and federal agencies, patrol the lakes.Lavon Lake Office
Texas Parks & Wildlife Department (TPWD): Texas Boater Frequently Asked Questions — The state parks agency offers boating information on its website with answers to the most frequently asked questions about boater education and operator requirements. A link to the water safety digest provides answers to additional frequently asked questions.
If you were arrested for BWI at Lavon Lake, Lake Ray Hubbard, or anywhere on the waterways of Collin County, Texas, you need an experienced criminal defense attorney to investigate your arrest and fight for the most favorable outcome.
Law Offices of Richard C. McConathy aggressively defends clients in Wylie, Plano, Garland, McKinney, Frisco, Carrollton, Allen and Richardson in Collin County, Texas as well as clients in Rockwall and Grayson counties. Call us at (972) 805-8855 right now to schedule a free consultation, where we can review your case and begin developing a strong legal defense.