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Facing BWI Charges? You Need The Best Montgomery County Criminal Lawyer

The Law Firm of Andrea M. Kolski

On Lake Conroe and throughout Texas this summer, police are cracking down on BWI, aka boating under the influence. To insure the waterways are safe for all, Texas authorities are taking aggressive measures to target boaters under the influence while operating a watercraft. Boating While Intoxicated (BWI) may not be as widely known as their driving (DWI) equivalent, but they bring with them serious legal penalties. If you’re charged with BWI, it’s time to understand your rights and how you can minimize the impact on your life.

Before you go it alone, it’s a smart move to hire the best Montgomery County BWI lawyer to defend you. BWI attorney Andrea M. Kolski and her team at have the experience and skills to beat the most serious charges. If you’ve been hit with a BWI on Lake Conroe or elsewhere, our goal nothing short of a full dismissal of all charges.

Now, let’s look at some of the ways a skilled attorney can help you better understand BWI charges, challenge standard field sobriety tests, avoid license suspension, and build a strong defense strategy to safeguard your future.

Understanding BWI Charges in Texas

Boating While Intoxicated (BWI) is a serious offense in Texas. It involves operating a boat while under the influence of alcohol or drugs.

BWI is similar to Driving While Intoxicated (DWI) in many ways, but it applies to watercraft. Texas law is strict when it comes to BWI, and the penalties can be severe.

If you’re caught boating while intoxicated, you could face hefty fines, jail time, and a criminal record. The legal blood alcohol concentration (BAC) limit for operating a boat is the same as for driving a car: 0.08%.

If you’re found with a BAC above this limit, you could be charged with BWI. This charge is serious and can impact many areas of your life.

Many people don’t realize that the laws are just as strict on the water as on the roads. This lack of awareness can lead to unexpected legal trouble.

A BWI conviction can result in a Class B misdemeanor in Texas. This means you could face up to 180 days in jail and a fine of up to $2,000. Repeat offenses or cases involving accidents and injuries can result in even harsher penalties.

The Benefits of Hiring a Montgomery County BWI Lawyer

When facing BWI charges, having a Montgomery County BWI lawyer on your side can make a significant difference. While there are similarities between DWI defense and BWI defense, experience in both areas is key to success. For example, an experienced BWI lawyer will know the local laws and court procedures, which can be a huge advantage in building a strong defense. This holds true for defending against DWI charges.

A BWI defense lawyer should start by thoroughly reviewing your case. They’ll examine the evidence, including police reports and the results of any field sobriety tests.

This detailed review helps identify any weaknesses in the prosecution’s case. Your lawyer will also look for any violations of your rights during the arrest process.

One of the key roles of a Montgomery BWI lawyer is to negotiate with prosecutors. They’ll work to get charges reduced or even dismissed if possible.

No two courts are the same, so your lawyers familiarity of the local court system will be key to building the most effective strategy for that particular court. This insight can lead to better outcomes for you.

In court, your BWI lawyer will represent you and present your defense. They may challenge the prosecution’s evidence and question the validity of any field sobriety tests or breathalyzer results. A skilled BWI lawyer can cast doubt on the reliability of these tests, which can be crucial in your defense.

Navigating Standard Field Sobriety Tests

Standard field sobriety tests are often used by law enforcement to determine if a person is intoxicated. These tests include walking in a straight line, standing on one leg, and following a moving object with your eyes. They are supposed to measure balance, coordination, and the ability to follow instructions.

However, these tests are not always reliable. Various factors can affect your performance, like fatigue, medical conditions, or even the weather.

For example, uneven surfaces or poor lighting can make it difficult to perform well, even if you’re not intoxicated. This is where a criminal defense lawyer can help.

A skilled lawyer will challenge the validity of the field sobriety tests used in your case. They’ll question the conditions under which the tests were administered and the officer’s interpretation of the results. They can cast doubt on the prosecution’s evidence, which can be beneficial for your defense.

Building a Strong Defense Strategy

When facing BWI charges, having a strong defense strategy is essential. A skilled criminal defense lawyer will start by thoroughly reviewing the details of your case.

They will examine evidence such as field sobriety test results and any witness statements. They’ll also review police reports. This initial review helps identify any weaknesses in the prosecution’s case and potential violations of your rights.

A key part of building a defense is gathering evidence. Your lawyer will work to collect any information that can support your case. This might include finding witnesses who can testify on your behalf or obtaining video footage.

It might also mean consulting with experts who can provide insights into the conditions under which the sobriety tests were administered. Each piece of evidence can play a critical role in challenging the prosecution’s case.

Unreliable Testing

Challenging the reliability of field sobriety tests is often a central part of the defense. These tests are not always accurate. They can be influenced by factors such as weather, lighting, and your physical condition.

An experienced BWI lawyer should question the conditions under which the tests were conducted and the officer’s interpretation of the results. By doing so, they can cast doubt on the validity of the tests and weaken the prosecution’s case.

Another possible defense strategy is questioning the legality of the stop and arrest. Your lawyer should examine whether the law enforcement officers had a valid reason to stop your boat and whether they followed proper procedures during the arrest. If your rights were violated, your lawyer could argue to have certain evidence dismissed or the charges reduced.

Throughout the process, your lawyer will also negotiate with prosecutors. They may work to get charges reduced or even dismissed if possible.

Your Best Defense Against BWI Charges

Facing BWI charges is scary. But with the best Montgomery County criminal lawyer, you can build a strong defense, challenge evidence, and protect your future. Their expertise is essential for navigating the legal process and securing the best possible outcome for your case.

Criminal justice attorney Andrea M. Kolski has won countless dismissals and reduced charges for clients facing BWI, DWI, Assault, Drug Possession, Sex Crime, or other crimes. Andrea is a former prosecutor and experienced criminal attorney trial tested over 20 years. Get in touch today to find out how she and her team can help your case!

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