How Is BUI Charged in Texas?

 Posted on October 15, 2024 in Boating While Intoxicated

With so many lakes all around, boating is a popular activity in San Antonio. Whether you board a boat while on vacation, during a holiday weekend, or after a long day at work, sailing is an excellent choice for unwinding. However, some people can take that relaxation a bit too far by drinking excessively.

Boating accidents associated with alcohol can cause damage and injury and Texas treats boating under the influence (BUI) very seriously. Charges can bring heavy penalties, including fines, prison sentences, and more. If you are accused of BUI, speak with a skilled Texas criminal defense attorney for guidance.

How is Sobriety Tested on Water?

It is against the law to sail a boat if you are under the influence of alcohol or drugs. Just like with driving a car, the legal limit for blood alcohol content (BAC) is 0.08%. If you demonstrate an impaired ability to sail the boat, you can be charged for BUI even with a lower BAC.

The specific conditions of being on a boat in the water can impact the reliability of a field sobriety test. If you are pulled over while driving on suspicion of a DUI, the police can draw conclusions about your sobriety based on your coordination and balance. It is less clear-cut if you are on a rocking boat in choppy waters. This is important to keep in mind and can help your case. An experienced lawyer can examine how you were tested and see whether there are grounds to dismiss any of the results.

What are the Penalties for BUI?

If you are convicted of BUI, the charges you might face can vary depending on the specific situation, as follows:

• If this was your first offense, you could be charged with a Class B misdemeanor, fined up to $2,000, and sentenced to anywhere between 72 hours and 180 days.

• If it is your second offense, you could be charged with a Class A misdemeanor, fined up to $4,000, and sentenced to anywhere from 30 days to a year.

• If it was your third offense, you could be charged with a third degree felony, fined up to $10,000, and sentenced to anywhere from 2-10 years. You could also be charged the same even if it is not your third offense but someone was injured or killed as a result of the accident.

In addition to the fines and jail sentences, you can lose your boating privileges, have your driver’s license suspended, and live with a criminal record that can impact your future.

Contact a San Antonio, TX BUI Defense Attorney

If you are facing BUI charges, you need the guidance of a qualified San Antonio, TX criminal defense lawyer. At Law Offices of Sam H. Lock, we understand how quickly a mistake can turn a relaxing moment out on the water into chaos. We are dedicated to defending our clients and advocating for the best possible outcome. Call us at 210-226-0965 to schedule a private consultation.