I'm trying a BWI next week (yes, that's BWI not DWI) and wondering if anyone else has ever tried one. I've found a few differences from DWI, but wonder if there's anything that will sneak up on me.

Thanks!
Sherri

I'm not a lawyer but I watched one of these where the arresting officers were Game Wardens.

I don't have a copy of Parks & Wildlife handy but I believe that Game Wardens do not need any reason at all to stop a boat on a lake.

Also be aware that many potential jurors will have a strong bias against Game Wardens...

Obviously the One Leg Stand and the Walk & Turn would be next to impossible to administer on a boat... so he will need to be on land to do the SFST... also they should let him have 10 - 15 minutes to re-adjust to being on solid ground before doing these balance tests... especially if he had been on the water all day.

Don't let the defense prevent you from using a Warden as an expert, they have the same SFST training that DPS guys have... they can even become "practitioners" if they issue enough BWIs! Don't worry if your guy isn't a practitioner, he can still be an expert because of his experience and training. The "practitioner" label is very much akin to board certification for attorneys; obviously you can be an attorney without it!

I have only tried one, but was amazed at how much more panel response I got about whether people really believed this should be a crime. May need to focus your voir dire more on the harms caused; they did not appear to be as well known as the bad effects of DWI. I also got an interesting challenge by the defense. He complained that the information did not allege the ofense was committed on a "public body of water". Predictable response from the court. Good Luck

Defendant ran his boat head-on into a concrete retaining wall, broke both legs of his passenger, around midnight, still had the nerve to go to trial. I'd echo the sentiments of the previous posters, suggest emphasis in voir dire on finding anybody who won't apply exactly the same standard as for driving a vehicle. Maybe point out that car drivers don't get called on to swim to safety after a mishap, and that since Texas doesn't license boat operators, you've generally got a body of water full of operators with little to no training, operating a more difficult-to-maneuver vehicle propelled by a steel prop capable of turning swimmers into chum. Also, see if any of your witnesses can talk about the intensification of the alcohol effect by the heat and sun on the lake, if it was during a hot day. good luck.

AlexLayman and voirdire made some very good points. Here are some elaborations and additional suggestions.

No PC or RS is needed to stop a boat on public water for a water safety inspection. Parks and Wildlife Code Sec. 31.124. This statute has been held constitutional by the CCA. During the course of a water safety inspection, the operator may exhibit signs of intoxication, and it goes from there.

A peace officer who enforces the water safety act must be certified by TPWD as a marine safety enforcement officer. TPW Code Sec. 31.121. So if the contact started as a safety inspection, I suggest proving certification. TPWD can provide documentary proof.

Game wardens who enforce the BWI law are trained to administer standardized field sobriety tests. They also are trained to administer on-the-water FST's, which can furnish a basis to take the suspect to the bank for further testing.

There is no DL suspension for a BWI conviction. There is DL suspension for BT refusal, but only if the defendant was operating a vessel powered by a motor of 50 hp or more. Don't ask me why.

The BWI statute does not include public water as an element of the offense. But the water safety act (P&W Code Ch. 31) only applies on public water. So if the stop began as a safety inspection, prove that it occurred on public water.

Finally, remember that the defendant was planning on getting home from the lake somehow. This afternoon's intoxicated boater is tonight's intoxicated driver.

Give me a call at 512-389-4584 if you would like to discuss.