BWI Attorney in Georgetown, Texas

Defending BWI Charges in Williamson County

In Texas, what many people call boating under the influence (BUI) is formally charged as boating while intoxicated (BWI) under Texas Penal Code Section 49.06. The same intoxication standard that applies to DWI defense applies here: a blood alcohol concentration of 0.08% or higher, or loss of normal use of mental or physical faculties. If you’re facing a BWI charge in Georgetown or anywhere in Williamson County, Winters & Chidester represents clients through every stage of the process, from the initial stop through trial.

Former Prosecutors Who Know How BWI Cases Are Built

James and Veronica started as mock trial partners in law school and have tried cases as a team ever since. Together, they bring 20 years of combined experience fighting Texas misdemeanor and felony charges.

• James Winters spent nearly 10 years as a prosecutor, handling misdemeanor and felony cases in Travis County and felony cases in Bell County before entering private practice. 
• Veronica Chidester prosecuted federal cases statewide through the Texas Attorney General’s Office Law Enforcement Defense Division, then served as a chief misdemeanor and family violence prosecutor in Travis County before moving to felony work. 

Intoxication offenses fall under Texas Penal Code Chapter 49, the same chapter that our attorneys prosecuted in their previous careers. That means we know the evidence prosecutors look for, the weaknesses they’re unlikely to volunteer, and the arguments that hold up in Williamson County courtrooms.

BWI Penalties Under Texas Law

The charge escalates under Penal Code Section 49.09 based on prior convictions.

• First offense: Class B misdemeanor, up to $2,000 fine, 72 hours to 180 days in jail
• One prior intoxication offense (DWI or BWI): Class A misdemeanor, up to $4,000 fine, up to one year in jail
• Two prior intoxication offenses or one prior intoxication manslaughter conviction: Third-degree felony, two to 10 years in prison, up to $10,000 fine

Prior DWI and BWI convictions are interchangeable for enhancement purposes. A prior BWI can elevate a later DWI charge, and vice versa, and out-of-state intoxication convictions count as well. At the most serious end of Chapter 49, if boating while intoxicated causes serious bodily injury to another person, the charge becomes intoxication assault, a third-degree felony. If it causes death, it becomes intoxication manslaughter, a second-degree felony.

How BWI Stops on Texas Waterways Work

Lake Georgetown, located in Williamson County just west of Georgetown and accessed through Cedar Breaks Park, Jim Hogg Park, and Russell Park, sees active recreational boating and regular patrols. 

Under Texas Parks and Wildlife Code Section 31.124, game wardens and certified marine officers can board a vessel for a safety inspection without probable cause or reasonable suspicion of a crime. A routine boarding that begins as a safety check can turn into a BWI investigation the moment an officer observes signs of intoxication. 

For field sobriety testing on the water, officers use seated exercises rather than the standing tests designed for pavement, partly because balance on a boat is unreliable. Sun exposure, wave action, and time spent on the water can all produce fatigue, red eyes, and unsteady movement that resemble intoxication. 

Talk to a Georgetown BWI Attorney at No Cost

A BWI conviction carries consequences beyond fines and jail time, including a permanent criminal record and the potential to enhance any future intoxication charge. 

Winters & Chidester is based in Georgetown, Texas, and represents clients throughout Williamson County. We offer a free consultation, so cost isn’t a barrier to getting started.