Conroe BWI Lawyer

Texas treats boating while intoxicated the same way it does driving while intoxicated: very seriously. If you’ve been caught behind the wheel out on the water after drinking, you need a skilled Conroe BWI lawyer who can help you defend yourself against the charges you are facing so you can maintain your freedom and license. 

Trust Benton Baker IV, Attorney at Law, and Trusted, Local BWI Lawyer 

Benton Baker IV, Attorney at Law, has been in practice for nearly 30 years. In that time, he’s handled countless BWI cases. Lead attorney Benton Baker IV has served on the Bail Bond Board and in DWI Court programs, so he has an extensive understanding of how the local judicial system works and can leverage that knowledge to get you a successful outcome in your case. 

Why Hire a BWI Lawyer? 

On Memorial Day Weekend in 2025, the Texas Parks and Wildlife Department made 32 BWI arrests in areas popular for celebrating on the water, like Lake Conroe. This constituted the highest number of boating while intoxicated charges in one year than in the previous five years. The Department also targeted impaired boating over the July Fourth holiday as part of Operation Dry Water, citing alcohol as the primary contributing factor in recreational boating deaths. 

These trends do not appear to be changing for 2026, as Texas authorities continue to make BWI-related arrests. If you’re facing charges for boating while intoxicated, you need to hire a BWI lawyer right away. A qualified attorney can help you in the ways listed below: 

• Explain BWI laws and how they apply to your case. 

• Keep track of court dates so that you don’t jeopardize your case by missing them. 

• Evaluate the evidence and the prosecution’s case against you. 

• Come up with an effective defense strategy and the evidence required to support it. 

• Negotiate a plea deal with the prosecution if you decide to plead guilty. 

• Represent you in court if you decide to take the case to trial. 

Working with a reputable Conroe BWI attorney is the most effective way to improve your chances of success, whether that means negotiating reduced charges or sentencing in return for a guilty plea or a not-guilty verdict at trial. 

Texas BWI Laws 

Boating while intoxicated is considered the same thing as driving while intoxicated in Texas, and, as such, it is outlined under Texas Penal Code § Chapter 49, which defines DWI as operating a motor vehicle in a public place while intoxicated. 

The per se blood alcohol content (BAC) limit in Texas is 0.08%, but you can still be charged with a BWI even if you were under this legal limit if you were significantly impaired. For boaters under the age of 21, the legal limit is 0.00%. You should also be aware that you could be charged with aggravated BWI if you had a BAC of 0.15% or above. 

In Texas, you implicitly consent to blood alcohol testing by getting behind the wheel of any motor vehicle, including a boat. Refusal to take a chemical test could result in additional penalties. 

Texas BWI Penalties 

The criminal penalties for boating while intoxicated vary depending on the severity of the charges you are facing. Texas Penal Codes § 49.06 and 49.061 describe the defense as follows: 

• First-time BWI with no aggravating factors. For a first-time BWI with a BAC under 0.15%, the charge is a Class B misdemeanor.  

 A conviction could carry from 72 hours to 180 days in jail, with a minimum of six days in jail if you had an open container in your vehicle. You may also be ordered to pay a fine of up to $2,000, perform community service, and undergo a license suspension of 90 days to one year. Probation is possible, and you may be required to complete an education program. 

• Second offense. For a second-time BWI offense with a BAC under 0.15%, the charge is a Class A misdemeanor that could be punished by one month to one year in jail, fines of up to $4,000, a suspension of your regular driver’s license for up to two years, and a mandatory ignition interlock device installation. Completion of a DWI intervention program is also a requirement for a conviction of this crime. 

• Third offense. A third BWI offense is considered a felony charge punishable by up to 10 years in prison and a fine of up to $10,000. 

Driver’s license revocations for BWI convictions are identical to those for DWI convictions. The revocation period begins 40 days after your arrest. If you want to challenge the license suspension, you only have 15 days to request a hearing. This is why it’s important to consult with a Conroe BWI attorney as soon as possible if you hope to retain your driving privileges. 

Underage BWI Charges in Texas 

Texas has zero tolerance laws in place for underage drinking. If you have any detectable amount of alcohol in your system, you could be left facing DUI charges. If convicted, you could be facing fines of $500 to $2,000 and a driver’s license suspension for up to a year in addition to community service and a mandatory alcohol education class. If you blew over the legal adult limit, you could also be charged as an adult and face regular BWI charges. 

No Wash-Out Period for BWIs 

Texas has no wash-out, or look-back, period for BWI convictions. Drunk driving convictions stay on your record and count as prior convictions forever if you are tried as an adult. DUI convictions obtained while you were a minor may be sealed when you reach the age of 21, but it is necessary to petition the court for an Order of Non-Disclosure to seal your record, as it is not sealed automatically. 

Occupational Licenses Following BWI Conviction 

If you’ve been arrested for a BWI, your license may be suspended. However, you may be eligible for an occupational license. This license could allow you to drive to and from work and school during some part of your suspension. Talk to your BWI lawyer about how you can apply for an occupational license. 

Your Experienced and Trustworthy Conroe BWI Lawyer 

If you’ve been arrested for boating while intoxicated, you need to work with an experienced Conroe BWI lawyer who can help you defend yourself against these serious charges.  

The team here at Benton Baker IV, Attorney at Law, is here to help. Our lead attorney, Benton Baker IV, has extensive experience in defending clients against BWI charges. Let him leverage his 30 years in practice and deep understanding of BWI laws to help you with your case. Contact us to schedule an initial consultation today.