BWI Attorney in Plano, TX

Expert Legal Guidance for Boating While Intoxicated Cases in Plano

At the Law Office of Mac Morris, we provide professional and personalized legal representation for individuals facing Boating While Intoxicated (BWI) charges in Plano, TX. With experience handling over 7,500 criminal cases, Attorney Bryan Mac Morris personally oversees each case, ensuring tailored attention and strategic defenses for our clients. Our commitment is to protect your rights and guide you through this challenging time.

Facing a BWI charge? We offer free consultations and bilingual support. Call (972) 846-8214 or contact us online to speak with a BWI attorney in Plano today.

Understanding BWI Laws in Texas

In Texas, the crime of Boating While Intoxicated (BWI) is primarily defined under the Texas Penal Code § 49.06. A person commits this offense if they are intoxicated while operating a watercraft. 

The legal definition of "intoxicated" is critical and is defined in Texas Penal Code § 49.01(2) as:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR
• Having an alcohol concentration of 0.08 or more.

The prosecution's case often relies on a variety of evidence, including police officer observations of your behavior, your performance on Field Sobriety Tests (FSTs), and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced BWI attorney in Plano.

Key Elements the Prosecution Must Prove

To convict you of a BWI, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Watercraft: This means you were in actual physical control of the vessel.
• In a Public Waterway: This includes any waterway accessible to the public.
• Intoxicated: The prosecution must prove that you were either "per se" intoxicated (a BAC of 0.08 or higher) or that you had a loss of the normal use of your mental or physical faculties due to alcohol or drugs.

The law applies to all watercraft, including motorboats, sailboats, jet skis, and other vessels. It is important to understand that the prosecution's case often hinges on proving that you were "operating" the watercraft. This can be a contested element in cases where a person is found in a stationary boat with the engine off. A knowledgeable Plano BWI lawyer will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's claims.

Classifications and Degrees of a BWI Offense in Plano

In Texas, BWI offenses are classified similarly to DWI offenses, with the penalties escalating significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense: A first BWI conviction is a Class B misdemeanor. The penalties can include a fine of up to $2,000, a jail term of 72 hours to 180 days, and a driver's license suspension of 90 days to one year. If a chemical test shows a BAC of 0.15% or higher, the offense is elevated to a Class A misdemeanor.
• Second Offense: A second BWI offense is a Class A misdemeanor. The penalties are significantly increased, including a fine of up to $4,000, a jail term of 30 days to one year, and a driver's license suspension of 180 days to two years.
• Third or Subsequent Offense: A third BWI offense is automatically a third-degree felony. The penalties are severe, including a fine of up to $10,000, a prison sentence of 2 to 10 years, and a driver's license suspension of 180 days to two years.

It is also important to note that a BWI charge can become a felony even on a first offense if certain aggravating factors are present. For example, if your impaired boating causes serious bodily injury or death to another person, you can be charged with Intoxication Assault or Intoxication Manslaughter, both of which are felonies. A knowledgeable Plano BWI lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a BWI Conviction in Texas

A conviction for a BWI charge in Texas can result in a complex web of direct penalties and far-reaching collateral consequences that will impact your life for years to come. Our role as your BWI attorney in Plano is not only to defend you against the direct criminal charges but also to help you understand and mitigate the non-criminal fallout of a potential conviction.

The severity of the penalties depends on the specific classification of the offense:

• Incarceration: Jail or prison time, ranging from a few days for a misdemeanor to several years for a felony.
• Fines and Surcharges: Fines can be substantial, often reaching into the thousands of dollars. A conviction can also lead to an annual surcharge of $1,000 to $2,000 for three years to maintain your driver's license.
• License Suspension: Your driver's license will be suspended for a period of time, ranging from 90 days to one year for a first offense, and up to two years for a second or third offense.
• Mandatory Programs: You will be required to attend and complete a DWI education program.

Collateral Consequences

A criminal record for a BWI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony BWI conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Texas Criminal Defense Process for BWI Charges

The legal process following a BWI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner.

1. Investigation and Arrest: The process begins with a vessel stop. Unlike a car, a watercraft can be stopped for a safety check without suspicion. After an arrest, you have the right to remain silent and, in some cases, to refuse chemical tests.
2. The Administrative License Revocation (ALR) Process: Following a BWI arrest, you have a critical 15-day deadline to request a hearing to challenge the automatic suspension of your driver's license. This is a civil case separate from your criminal charges.
3. Arraignment: This is your first court appearance, where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
4. Discovery and Pre-Trial Motions: We will review all evidence the prosecution intends to use against you, including police reports, dashcam footage, and lab results. We will also file pre-trial motions to challenge the evidence.
5. Plea Negotiations or Trial: We will engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial and present a strong defense.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Our Comprehensive Approach to BWI Defense

A BWI charge is not a foregone conclusion of guilt. At the Law Office of Mac Morris, we believe that every person deserves a vigorous defense. Our approach is methodical, strategic, and focused on identifying every possible weakness in the prosecution's case. As a dedicated BWI attorney in Plano, we leave no stone unturned in our fight for your freedom.

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Plano BWI lawyer, we will leverage every possible defense, including:

• Challenging the Initial Stop: Unlike a DWI where police must have reasonable suspicion to pull you over, in BWI cases, officers are legally permitted to stop a watercraft for a safety check without justification. However, if the stop was a pretext and not a legitimate safety check, we can argue for the suppression of evidence.
• Disputing Field Sobriety Tests (FSTs): FSTs are notoriously unreliable, especially on the unstable surface of a boat. We can argue that your performance was affected by the movement of the watercraft, fatigue, or environmental factors like sun glare or seasickness rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Lack of Operation: The state must prove that you were in "actual physical control" of the watercraft. We can argue that you were not operating the boat at the time of the arrest, especially if the boat was anchored or docked and the engine was off.

Why Choose Us for Your BWI Defense in Plano

Selecting the right BWI attorney means finding someone who understands not only the law but also the intricacies of local enforcement and judicial practices. Our team excels in leveraging insights into how marine patrols conduct stops and what weather conditions might impact them. 

We offer you:

• Personalized Attention: Attorney Mac Morris manages each case personally, providing clients with direct communication and customized legal strategies.
• Extensive Experience: With more than 25 years navigating the Texas legal landscape, we bring a robust understanding and proven methods to every case.
• Collaborative Approach: We ensure clients are fully informed and involved, fostering an environment that leads to the best possible outcomes.

When you choose us, you gain a dedicated partner focused on safeguarding your future and effectively managing the complexities of your case.

Our Proven Process for BWI Defense

Facing a BWI charge can be stressful, but understanding the defense process can ease your concerns. 

Here's how we assist you:

• Initial Consultation: Contact us for a free, no-obligation discussion of your case. We'll evaluate your situation and outline possible defenses.
• Case Investigation: We conduct a comprehensive investigation, collecting evidence and identifying legal avenues to challenge the charges.
• Custom Strategy Development: Following our investigation, we craft a personalized defense strategy aimed at reducing consequences.
• Skilled Representation: Throughout all legal proceedings, Attorney Mac Morris represents you, ensuring your rights are protected at every step.

During our detailed investigation, we scrutinize all aspects of your arrest, from the execution of field sobriety tests on the water to the calibration of the breathalyzer equipment. We also assess your boating history to tailor a defense strategy specific to your situation. This detailed analysis can reveal procedural errors that might lead to a reduction or dismissal of charges.

Take Control of Your BWI Defense Today

Facing a BWI charge can be daunting, but you're not alone. At Law Office of Mac Morris, we offer comprehensive legal services to simplify your legal journey and protect your future. 

Contact us online at (972) 846-8214 for a free consultation to begin defending your case today. Our priority is your peace of mind and safeguarding your rights with personalized attention and care.

Frequently Asked Questions

What are the consequences of a BWI conviction in Texas?

A BWI conviction in Texas can result in severe penalties, including fines, jail time, and loss of boating privileges. The penalties vary depending on factors like the presence of minors, BAC levels, and any previous offenses. A first offense could lead to fines up to $2,000, up to 180 days in jail, and community service. Seeking legal counsel helps understand the full implications and explore defense options.

How does a BWI charge differ from a DWI in Texas?

BWI and DWI charges share many similarities, but BWI focuses specifically on boating instead of driving. The nuances of identifying impairment on water bring unique challenges that require skilled navigation. An attorney experienced in these specifics can challenge the reliability of tests conducted under less stable conditions, offering potential defense opportunities not present in DWI cases.

Can I refuse a breathalyzer test for a BWI?

Refusing a breathalyzer test during a BWI stop in Texas can result in automatic penalties, including the suspension of your license under the implied consent laws. Although refusal limits evidence, it also carries additional consequences. Consulting with a qualified BWI attorney immediately can guide you in making informed decisions regarding your legal rights and protections.

Refusal might escalate fines and result in automatic license suspension. Understanding these repercussions in the context of Texas waterways is essential. Our team advises you on refusal implications and how they specifically apply, ensuring prompt and protective measures are taken.

What should I do if I am charged with a BWI in Plano?

If charged with a BWI in Plano, you should immediately contact a qualified BWI lawyer to start evaluating your case. Collecting evidence like witness statements and any written records of the incident, and avoiding self-incriminating statements, are crucial initial steps. Timely legal representation can make a significant difference in the outcome of your case.

Remaining composed, documenting key evidence, and promptly consulting with our team ensures the most strategic defense approach. Quick action allows us to collect vital information while still fresh, providing the strong foundation needed to navigate legal proceedings and protect your interests.

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