Boating While Intoxicated Lawyer In Conroe, TX
Boating while intoxicated sits in the same chapter of the Penal Code as DWI and carries the same first offense range. On Lake Conroe the county's No Refusal program covers boaters as well as drivers, so a refused breath test can still lead to a blood sample.
What Is Boating While Intoxicated In Texas?
Boating while intoxicated means operating a watercraft while intoxicated, an offense under Texas Penal Code § 49.06. Intoxicated means an alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties because of alcohol, a drug or another substance. A first offense is a Class B misdemeanor with a 72 hour minimum jail term, and the statute does not require a public place.
Source: Texas Penal Code Chapter 49, Intoxication and Alcoholic Beverage Offenses
Understanding Texas Law
How Does Texas Law Define Boating While Intoxicated?
Texas Penal Code § 49.06 makes it a crime to operate a watercraft while intoxicated. "Intoxicated" has the same meaning on a lake as on a road under § 49.01: an alcohol concentration of 0.08 or more, or the loss of normal use of mental or physical faculties from alcohol, drugs or another substance.
A watercraft is a vessel, one or more water skis, an aquaplane, or any other device used to carry a person on water, except one moved only by the current. A pontoon, a bass boat, a wakeboard boat and a personal watercraft all fall inside that wording.
BWI differs from DWI in one way: the statute has no public place element. The state has to prove operation and intoxication. Having a drink aboard is not the offense, because the charge is aimed at whoever is operating the craft.
What the state has to prove in a BWI case:
- The person was operating a boat, personal watercraft or other watercraft
- The operation took place on water in Montgomery County
- The person was intoxicated, shown by a 0.08 result or by lost faculties
Game wardens with the Texas Parks and Wildlife Department enforce boating laws as state peace officers, and local agencies with jurisdiction on the water can also make the arrest.
Since September 1, 2023, § 49.061 adds a separate state jail felony for operating a watercraft while intoxicated with a passenger younger than 15.
Penalties And Consequences
What Are The Penalties For Boating While Intoxicated In Texas?
BWI mirrors DWI for penalties, and the same enhancement rules apply to both. These are the limits the statutes allow, not a forecast of what will happen in a given case.
Plus court costs.
The offense becomes a Class A misdemeanor.
Charged under § 49.061.
- Classification
- Class B misdemeanor (§ 49.06).
- Jail
- 72 hours to 180 days.
- Fine
- Up to $2,000, plus court costs.
- One prior intoxication conviction
- Class A misdemeanor with a 30 day minimum (§ 49.09(a)).
- Two priors
- Third degree felony (§ 49.09(b)). Prior DWI, BWI and flying while intoxicated convictions all count.
- Passenger under 15
- State jail felony (§ 49.061).
- Probation
- A judge can order community supervision in place of some or all of the jail time. Deferred adjudication is not available when the person held a commercial license or the result was 0.15 or more.
- Driver's license
- A failed or refused test can start the ALR process, with 15 days to request a hearing before the State Office of Administrative Hearings.
Because § 49.09 counts a BWI like a DWI and sets no lookback period, one lake arrest can change how a later road arrest is charged.
Real Questions
What Do People Ask About Boating While Intoxicated In Texas?
Can I be charged if the boat was anchored or the motor was off?
Will I be asked for a breath or blood sample on the lake?
Does the refusal hearing treat every boat the same?
Does a BWI show up on a background check?
Possible Defenses
How Can A Boating While Intoxicated Charge Be Defended?
A BWI case rests on the contact on the water, the officer's observations and the chemical test. An attorney checks each piece to see what the state can prove. No result can be promised.
The first question is often whether the person was operating the watercraft at all, since the statute reaches the operator and not every passenger. The second is whether the evidence of intoxication was gathered fairly, given how different a deck is from a roadside.
The standardized tests were built for dry land.
The field sobriety tests were designed for a level, dry surface. A boater tested at a ramp or a dock after hours of sun, wind, heat and the rocking of a hull is scored against the same land-based standards. Where the tests were given, how soon after stepping ashore, and what the video shows are all part of the record.
When blood is drawn under a No Refusal warrant, the affidavit, the draw and the lab work can each be examined, as in any warrant draw case.
Operation Of The Craft
Who was at the helm, and can the state prove the person was operating the watercraft?
The Contact
What was the legal basis for the stop, the boarding or the detention on the water?
Field Sobriety Tests
Were the tests given on stable footing and scored as the training manual requires?
The Sample
Was the breath or blood specimen requested, collected and tested correctly?
The Definition
Does the craft fit the Penal Code definition of a watercraft?
The Enhancement
Do any alleged priors or a young passenger actually meet the statute?
Local Process
What Happens After A BWI Arrest In Montgomery County?
The criminal process and the license deadline follow Texas law across the state. Who makes the arrest, where the case is filed and where a person is held are specific to Montgomery County. The program extends to Lake Conroe, where it applies to Boating While Intoxicated.
Arrest And Specimen Request
After the contact and any field tests, the officer arrests the operator and may ask for breath or blood after giving the statutory warnings.
Booking And The Magistrate
The person is booked and brought before a magistrate, who explains the charge and sets bond. Article 15.17 sets the timing for that appearance.
The 15 Day License Window
A request for an ALR hearing goes to the Texas Department of Public Safety within 15 days after the notice of suspension is received.
Evidence And Resolution
The defense asks for the state's evidence, including video and lab records, and the case moves toward dismissal, a plea, a program or trial.
- Who makes the arrest
- Texas Parks and Wildlife Department game wardens, and local agencies with jurisdiction over the water, including Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- Where it is filed
- A misdemeanor BWI is filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office. A felony BWI is heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, a separate building.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
The ALR hearing page explains the license case. The breath and field sobriety testing page covers breath and blood testing, which follow the same rules as in a road case. When someone is hurt, chapter 49 has more serious offenses, including intoxication assault.
Next Steps
What Should You Do After A Boating While Intoxicated Arrest?
A BWI can start a criminal case and a license case at once. These steps are general information, not advice for any one person.
Count 15 Days
Find the date on the notice of suspension and count 15 days from the day you received it.
Keep The Paperwork
Save the citation, the notice, the bond papers and any test paperwork.
Note Who Was Driving
Write down who was at the helm, where the boat was, and how long it had been moving or anchored.
Record The Conditions
Note the weather, the water, the footing where tests were given and how many hours you had been out.
Save Photos And Video
Keep any photos or video from the day, including ones taken by passengers.
Stay Off Social Media
Do not post about the trip, the arrest or the case.
A BWI can look minor because no car was involved, yet it counts as a prior intoxication offense and can put a driver's license at risk. Mitchell Law Firm offers a confidential conversation about a BWI charge in Montgomery County. Reaching out early keeps the license deadline and the lake evidence in view.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 49: BWI, definitions, child passenger offense and enhancements
- Texas Penal Code Chapter 12: Class A and Class B misdemeanor punishment
- Texas Transportation Code Chapter 724: Implied consent and specimens on the water
- Texas Transportation Code Chapter 524: Administrative license suspension
- Texas Code of Criminal Procedure Chapter 42A: Community supervision and deferred adjudication
- Texas Parks and Wildlife Department: Water safety violations
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Conroe, TX
BWI shares its penalties, its testing rules and its enhancements with the rest of the DWI family. See the full DWI defense overview for Conroe.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Montgomery County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Boating While Intoxicated Questions People In Conroe Ask
Does the No Refusal program apply on Lake Conroe?
Montgomery County's No Refusal program extends to Lake Conroe and applies to boating while intoxicated arrests. During program periods, which cover weekends, holidays and selected enforcement periods announced in advance, a boater who refuses a breath test can face a blood search warrant drafted by an on-duty prosecutor and reviewed by an on-call judge, with the blood drawn by a nurse.
What is the penalty for boating while intoxicated in Conroe, TX?
Texas Penal Code § 49.06 makes BWI a Class B misdemeanor, with 72 hours to 180 days in jail and a fine of up to $2,000. Under § 49.09, one prior intoxication conviction raises it to a Class A misdemeanor with a 30 day minimum, and two priors make it a third degree felony. Prior DWI convictions count toward those enhancements. These are statutory limits, not a prediction for any one case.
Can a BWI arrest in Montgomery County suspend my driver's license?
Texas implied consent law covers a person arrested for operating a watercraft while intoxicated. Refusing a breath or blood specimen, or giving one at 0.08 or more, can start the same administrative suspension that follows a DWI arrest. A hearing request has to reach DPS within 15 days after you receive the notice of suspension.
Who makes BWI arrests on Lake Conroe?
Game wardens with the Texas Parks and Wildlife Department are state peace officers, and they enforce boating laws on public waters across Texas, including BWI. Local agencies with jurisdiction over the water can also make the arrest. A misdemeanor BWI is filed in one of the Montgomery County Courts at Law whichever agency made it.
Does a kayak or paddleboard count as a watercraft in Montgomery County?
Penal Code § 49.01 defines a watercraft as a vessel, one or more water skis, an aquaplane, or another device used to carry a person on water, other than a device moved only by the current. Whether a particular kayak, paddleboard or float fits depends on how it is built and propelled, which is a question of fact in the case.
Does a BWI count as a prior DWI in Conroe, TX?
Penal Code § 49.09 counts a prior conviction for operating a watercraft while intoxicated the same way it counts a prior DWI. A BWI conviction can raise a later DWI to a Class A misdemeanor, and two priors from chapter 49 can make a later DWI or BWI a third degree felony. Texas sets no time limit on those priors.
Mitchell Law Firm, PLLC
A Lake Arrest Is Still A DWI Level Case
BWI carries the DWI range and a license case. The 15 day window started when the notice was served.
Conroe Office
