Boating While Intoxicated BWI

Lake Conroe and the other lakes and rivers around Montgomery County are supposed to be places to relax, fish, and spend time with friends and family. One encounter with Texas Parks and Wildlife game wardens, Montgomery County Constables, or local law enforcement can turn that relaxing day on the water into a criminal case if they believe you are Boating While Intoxicated. 

If you were arrested for BWI in Montgomery County, you are not dealing with “just a ticket.” You are facing a criminal accusation that can follow you for life. You need an experienced defense attorney who understands both intoxication law and the unique issues that arise on the water. 

Attorney Andrea M. Kolski and her team at Nonstopjustice PLLC focus their practice on criminal defense in Montgomery County and throughout Texas. With more than 25 years in criminal law and extensive experience handling DWI, BWI, and other intoxication offenses, Andrea has built a reputation as a relentless “pit bull in the courtroom” who knows how to dismantle the State’s case. Her goal in every BWI matter is straightforward: dismissal whenever possible, or the best possible outcome for you and your family. 

The Serious Consequences of BWI Charges  

A lot of boaters assume that a BWI will not cause the same trouble as a DWI on the road. That’s a very serious mistake. 

Under Texas law, Boating While Intoxicated is a Class B misdemeanor for a first offense, just like a first DWI. Penalties can include: 

• Up to 180 days in county jail 

• A fine of up to 2,000 dollars 

• Court costs, surcharges, and probation conditions 

With prior intoxication convictions or aggravating factors, a BWI can be enhanced to a Class A misdemeanor or even a felony. If there is an accident on the water that causes serious bodily injury or death, you can be charged with intoxication assault or intoxication manslaughter, both felonies with potentially lengthy prison sentences. 

BWI cases are also dangerous because of how they usually begin. On Texas waterways, officers have broader authority to stop boats for safety inspections, registration checks, and equipment checks. What starts as a life jacket or fire extinguisher inspection can quickly turn into a BWI investigation based on an officer’s subjective impressions of your speech, balance, or demeanor. 

Heat, waves, sun, dehydration, and fatigue can all affect how someone looks and behaves on the water. These normal boating conditions often get mistaken for signs of intoxication. Without a skilled defense lawyer to explain these realities and challenge the officer’s assumptions, those misunderstandings can turn into a conviction. 

25 Years of BWI and Intoxication Defense Expertise 

Montgomery County attorney Andrea M. Kolski has dedicated more than 25 years to criminal law in Texas. Her background gives her a unique perspective on BWI and intoxication defense: 

• Former Harris County prosecutor, where she handled DWI and other criminal cases for the State 
• Decades of criminal defense practice in Montgomery County and surrounding counties 
• Former president of the Montgomery County Criminal Defense Lawyers Association 
• Widely recognized by clients and peers as a “pit bull in the courtroom” 

As a prosecutor, Andrea learned how the State builds intoxication cases, how officers are trained, how breath and blood evidence is presented, and what persuades juries. She saw the common weaknesses in enforcement on the water and how quickly a shaky case can become a conviction when it goes unchallenged. 

On the defense side, she has spent years turning that insider knowledge to her clients’ advantage. She understands that many BWI arrests are based on rushed impressions during busy holiday weekends, on officers who may be unfamiliar with the specific boat, and on field tests that are not designed for the unique realities of being on the water. 

Texas Boating While Intoxicated: A Closer Look 

In Texas, the primary BWI statute is Texas Penal Code § 49.06. It states that a person commits the offense of Boating While Intoxicated if the person is intoxicated while operating a watercraft. 

Key definitions appear in Texas Penal Code § 49.01. Under that section, “intoxicated” means: 

1. 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 

2. Having an alcohol concentration of 0.08 or more 

“Watercraft” generally includes vessels, one or more water skis, aquaplanes, and other devices used for transporting or carrying a person on water. This covers power boats, sailboats, jet skis, and many other recreational watercraft. 

Other statutes that often come into play include: 

• Texas Penal Code § 49.04 (Driving While Intoxicated), because prior DWIs can be used to enhance a BWI charge 
• Texas Penal Code § 49.07 (Intoxication Assault) and § 49.08 (Intoxication Manslaughter) for cases involving serious injury or death on the water 
• Texas Transportation Code Chapter 724, which sets out Texas implied consent rules and the procedures for obtaining breath or blood specimens 

If officers request a sample and you refuse, or if a blood test is drawn under a warrant, administrative license consequences and additional complications can arise. Knowing how these statutes interact and where the State can be challenged is critical in any BWI defense. 

Penalties and Hidden Collateral Damage of BWI 

For a first BWI conviction, you can face: 

• Up to 180 days in county jail 
• A fine up to 2,000 dollars 
• Court costs, probation fees, and mandatory conditions 
• Community service and possible alcohol education 

With a prior intoxication related conviction, the range increases. A second offense can become a Class A misdemeanor, with up to one year in jail and a higher fine. A third or more offense or a case involving serious injury or death can be charged as a felony, with potential exposure to years in state jail or prison. 

Beyond the criminal sentence, a BWI conviction creates a permanent record that affects many parts of life: 

Employment: Employers routinely conduct criminal background checks. A BWI appears as an alcohol offense and can raise questions about responsibility and safety.  

Housing: Many landlords use tenant screening companies and full criminal history reports. A BWI conviction can cause rental applications to be denied. 

Licensing and education: Professional licensing boards in Texas, including those for nurses, teachers, real estate professionals, and others, often review intoxication related convictions when deciding whether to grant or renew licenses. Universities and graduate programs can consider a BWI conviction in admissions decisions or student discipline. 

Insurance and financial stability: An intoxication record frequently leads to increased auto and insurance premiums.  The increased time and costs can lead to added financial stress. 

Personal and family life: The strain of arrest, time-consuming court appearances, restrictive probation, and other stresses can impact relationships.  

Beating BWI Charges 

Beating BWI charges in Montgomery County is no easy task; but it with the right legal fighter by your side, it can be done.  Boating While Intoxicated cases are not simply “DWIs on the water.” They involve a different environment, different enforcement practices, and a different set of practical challenges. 

Some possible defense strategies in a BWI case may include: 

• Whether the stop or boarding of the boat complied with constitutional and statutory limits 
• How the officer evaluated balance, speech, coordination, and attitude in a rocking, sun-soaked environment 
• Whether sobriety exercises were conducted on a stable surface or in conditions that made performance difficult even for a sober person 
• How much time passed between operation of the boat and any breath or blood test 
• Whether proper procedures were followed for breath or blood collection, storage, and analysis 

Most officers are trained to focus on roadside DWI enforcement. If officers apply the same roadside assumptions and techniques on the water, their conclusions can be questioned by a skilled BWI attorney. Andrea Kolski has over 25 years experience with Texas BWI and intoxication cases and knows how to carefully deconstruct them before judges and juries.  Her track record of victories in Texas courts are testament to her skills as a litigator in BWI and intoxication cases.   

Improve Your Odds With Montgomery’s BWI Lawyer 

Being arrested on the water, handcuffed, taken to jail, and then facing an unfamiliar court system is an experience few people forget. In the confusion of the moment, most people have no idea what to say, whom to trust, or how to protect themselves. 

Don’t worry.  When you hire Andrea M. Kolski, you’re hiring one of Montgomery’s best BWI lawyers.  You can breathe easy and expect the following starting on day one: 

• A clear explanation of your charges and the relevant Texas statutes 
• A detailed review of the evidence against you, including body cam and any marine patrol video 
• A realistic assessment of your risks and options 
• A defense plan designed for your specific circumstances and goals 

Don’t stress about deadlines and calls to the courthouse.  Andrea and her team will handle communication with law enforcement, prosecutors, keep you abreast of deadlines, and make sure your rights and time are respected. With right legal team by your side, the process is much less intimidating. 

An Experienced Montgomery County BWI Lawyer On Your Side 

A Boating While Intoxicated charge in Montgomery County doesn’t have to wreck your future. With the right legal guidance, it’s very possible your case could be challenged, reduced, or even dismissed with the right strategy. It’s critical to act quickly, preserve evidence, and work with a Montgomery County BWI attorney who’s familiar with both the law and the local courts. 

Andrea M. Kolski and Nonstopjustice PLLC are ready to step in immediately, protect your rights, and begin building your defense. In every case, Andrea’s objective is dismissal whenever it can be achieved, or a resolution that truly serves your best interests and protects your future. 

With more than 25 years of criminal law experience, respected leadership as a former president of the Montgomery County Criminal Defense Lawyers Association, unique insight from her years as a Harris County prosecutor, and a hard earned reputation as a “pit bull in the courtroom,” Andrea Kolski offers the confidence, skill, and local knowledge you need when facing BWI charges in Montgomery County. 

Contact our office today to schedule a confidential consultation about your Montgomery County Boating While Intoxicated BWI case and take an important first step toward protecting what matters most.