BUI Attorney in Dallas

What Counts as a Watercraft Under Texas Law

Texas Penal Code Section 49.01(4) defines watercraft broadly: any vessel, water skis, aquaplane, or other device used to transport a person on water, with one exception for devices propelled only by the current. That covers motorboats, sailboats, jet skis, rowboats, canoes, kayaks, and aquaplanes. The type of vessel doesn’t limit the charge.

What “Intoxicated” Means in a BWI Case

Texas law provides two pathways to intoxication. The first is a blood alcohol concentration of 0.08 or higher. The second is losing the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or any combination. A BAC below 0.08 doesn’t automatically prevent a BWI charge if the officer can demonstrate actual impairment. Prescription medications, including post-surgical painkillers or anything that causes drowsiness, can satisfy the impairment element even when no alcohol is involved. A BAC of 0.15 or higher at a first offense triggers an enhanced Class A misdemeanor.

Implied Consent & License Consequences

By operating a vessel on Texas public waterways, you give implied consent to breath or blood testing if lawfully arrested for BWI. Refusing a chemical test triggers an automatic 180-day driver’s license suspension for a first refusal and a two-year suspension for a second. These suspensions run on a separate track from the criminal case. The outcome of one doesn’t determine the other. A BWI conviction can add a further 30-day to two-year suspension on top of that, affecting daily transportation, employment, and personal obligations.

How Prior Convictions Enhance a BWI Charge

Under Texas Penal Code Section 49.09, a prior DWI conviction counts as a prior offense when determining whether a BWI charge is enhanced. A person with one prior DWI who is arrested for BWI faces second-offense Class A misdemeanor penalties rather than a first-offense Class B. Three total intoxication offense convictions, whether BWI, DWI, or a combination, can elevate the current charge to a third-degree felony. Out-of-state convictions for operating a motor vehicle, watercraft, or aircraft while intoxicated may also count toward enhancement under Texas law.

What Happens After a BWI Arrest in Texas

A BWI arrest triggers two parallel processes. The Administrative License Revocation process moves on its own timeline, and you must request a hearing within a limited window to contest the suspension. The criminal case proceeds through arraignment, pre-trial motions, potential plea negotiations, and trial if necessary. Evidence typically includes body camera footage, the arrest report, field sobriety test results, and chemical test data. Reviewing that material early can give defense counsel the opportunity to identify weaknesses before the prosecution has time to shore them up.

What Board Certification in Criminal Law Actually Means

Attorney Aulbaugh is one of only around 800 attorneys in Texas who hold Board Certification in Criminal Law from the Texas Board of Legal Specialization, which operates under the authority of the Texas Supreme Court. Earning the designation requires at least five years of legal experience, demonstrated substantial involvement in criminal law for at least three of those years, a rigorous written examination, and peer and judicial evaluation. Board-certified attorneys are the only attorneys the State Bar of Texas permits to publicly represent themselves as a specialist in their area of law. Recertification is required every five years and includes continuing legal education and additional peer review.

BUI vs. BWI: Understanding the Difference

Both terms appear regularly in legal contexts, but they refer to distinct offenses. BWI, Boating While Intoxicated, is the charge under Texas Penal Code Section 49.06 that applies to any person who operates a watercraft while intoxicated, regardless of age. BUI, Boating Under the Influence, falls under the Texas Alcoholic Beverage Code and applies specifically to minors operating a watercraft with any detectable amount of alcohol in their system. The threshold isn’t 0.08 for a minor: any detectable amount is enough. For a minor who is actually intoxicated while operating a vessel, both charges can apply simultaneously.

DFW Lakes & BWI Enforcement in North Texas

The Dallas area sits within easy reach of several major recreational boating destinations: Lake Ray Hubbard, Lake Lewisville, Lake Grapevine, and Joe Pool Lake are all roughly within an hour of Dallas. Lake Lewisville alone spans approximately 29,000 acres and draws heavy boating traffic throughout the warmer months. Texas Parks and Wildlife Department game wardens hold primary jurisdiction on Texas waterways and conduct regular safety inspections; local sheriff’s offices and certified marine safety enforcement officers also patrol these lakes. During high-traffic holiday weekends, Texas Parks and Wildlife participates in Operation Dry Water. This coordinated enforcement initiative puts more officers on the water specifically to address intoxicated boating.