BWI Attorney in Houston

What Texas Law Defines as Boating While Intoxicated

Texas Penal Code Section 49.06 makes it an offense to operate a watercraft while intoxicated. Under Section 49.01, intoxication means a blood alcohol concentration of 0.08% or more, or the loss of normal use of mental or physical faculties due to alcohol or drugs. The law applies to motorized boats and personal watercraft, including jet skis, operated on Texas public waterways.

One common misconception worth noting: Texas open container laws don’t apply to boats. Passengers may legally drink on board. The operator, however, can’t be intoxicated. That matters when an officer boards a vessel and begins an investigation.

Penalties for a BWI Conviction in Texas

The consequences of a BWI conviction scale with the number of prior offenses and the circumstances of the arrest:

• Class B misdemeanor (first offense): Up to $2,000 in fines, and up to 180 days in jail
• Second offense (one prior intoxication-related conviction): Enhanced to a Class A misdemeanor under Texas Penal Code Section 49.09, with a minimum 30-day confinement, up to $4,000 in fines, and up to one year in jail
• Third offense or felony-enhanced prior: Third-degree felony carrying 2 to 10 years in prison and up to a $10,000 fine

Beyond confinement and fines, a conviction can suspend your boating privileges and your driver’s license even though the incident occurred on the water. Repeat offenders may also face an ignition interlock device requirement.

Enforcement activity on Houston-area waterways increases significantly during peak boating periods. Lake Houston, Lake Conroe, Clear Lake, and Galveston Bay all see heavier patrol presence on holidays and summer weekends, which means more stops, more boardings, and more arrests that don’t all hold up under careful review.

Our Approach to BWI Defense in Houston

We examine how the vessel boarding was conducted, whether sobriety tests were properly administered given the conditions on the water, and how BAC evidence was collected and handled. Our case strategy addresses constitutional rights, regulatory issues specific to marine enforcement, and the trial preparation required to challenge evidence effectively.

60 Years of Combined Experience. Hundreds of Jury Trials.

At Guy L. Womack & Associates, P.C., we bring over 60 years of combined legal experience to every criminal defense case we handle. We’ve defended thousands of serious charges across federal, state, and military courts, and we’ve taken hundreds of those cases all the way through jury trial. When the stakes are high, we don’t look for shortcuts.

Our defense philosophy is straightforward: we fight for every client’s rights and freedom without reservation. That means reviewing every detail, challenging every weakness in the prosecution’s case, and preparing fully for trial from day one.

A Father-and-Son Team Built on Collaboration

Our firm is led by Guy and Geoff Womack, a father-and-son attorney team whose working relationship adds something most firms can’t offer: seasoned trial judgment and current legal strategy, developed together on every case. You won’t get passed off to someone unfamiliar with your file. We stay accessible, communicate clearly, and keep you informed at every stage of your defense.

Talk to a BWI Attorney at No Cost

If you’ve been charged with Boating While Intoxicated in the Houston area, don’t wait to get legal guidance. We offer a free consultation to review what happened and explain your options.

Call (713) 364-9913 to reach Guy L. Womack & Associates, P.C. and speak with Guy or Geoff Womack about your case.