
BUI Lawyer in Austin
Strategies for Defending Against Boating While Intoxicated Charges in Travis County & Central Texas
Boating under the influence (BUI) in Texas means operating a boat, watercraft, or any vessel while impaired by alcohol or drugs. It's similar to driving under the influence (DUI) on the road. Texas law prohibits operating a watercraft with a blood alcohol concentration (BAC) of 0.08% or higher, or if your abilities are impaired by alcohol or drugs. Being convicted of BWI carries significant consequences, including fines, jail time, and the loss of boating privileges. These potential outcomes underscore the seriousness with which BWI charges are treated by Texas law enforcement, making the role of a BUI attorney in Austin crucial for your defense and future.
If you face BWI charges in Texas, getting help from an experienced Austin BUI lawyer is vital. A good law firm can help with the legal maze, challenge evidence, and reduce or dismiss charges. At Smith & Vinson Law Firm, our team knows Texas BWI laws and builds strong defenses. Having a skilled BUI attorney increases chances for a better outcome, such as reduced charges, dismissal, or alternative sentences. Our BUI lawyers guide you through the process, protect your rights, and help you make smart decisions at every step.
The Austin area is home to popular boating destinations such as Lake Travis and Lake Austin, both patrolled extensively by local law enforcement searching for suspected impaired boaters. Officers in Travis County conduct increased patrols during weekends and holidays, making stops and BWI investigations more likely. As a result, it is especially important for anyone boating in the region to understand both the risks on the water and the law enforcement procedures unique to local lakes. Knowing your legal rights and securing an experienced boating under the influence lawyer as soon as possible may influence the direction and outcome of your case.
What to Expect Immediately After a BWI Arrest
After a BWI arrest in Austin or Travis County, law enforcement will usually process you at the nearest lakeside station or Travis County Jail. Officers may perform a chemical breath or blood test at the scene, mobile unit, or a medical facility. You may spend several hours, or overnight, in custody depending on the circumstances and timing. Authorities often confiscate your boating license or driver’s license and provide notice about a possible license suspension. In the days after your arrest, the court system will schedule your initial appearance (arraignment) to review charges and set bail or bond. The choices you make during this period—such as what to say to police or how to respond to questions—can affect every step in your case. Early contact with a BUI attorney in Austin helps protect your rights, address release conditions, and prepare for the legal process. Gaining a clear understanding of the process and clarifying next steps with your legal team can reduce stress and help you move forward confidently.
For immediate help, contact our Austin BUI lawyers at (512) 359-3743 for a free consultation. We represent clients in Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.



The Process of a BWI Stop in Texas
Typically on the road, police need reasonable suspicion to stop you, but on water, this isn't the case. On U.S. or Texas waters, the Coast Guard or Marine Safety Officer can stop you for a "water safety check" at any time, regardless of cause.
This lack of probable cause requirement gives officers broad authority during weekends or large community events, especially on Lake Travis or other busy lakes. Local agencies often announce increased patrols or checkpoints for major holidays, raising the odds of a BWI stop in those periods.
If, during this check, officers observe signs of intoxication, they may begin a BWI investigation. Signs can include empty beer cans, alcohol odor, red eyes, or admissions of drinking. Officers might ask you to perform field sobriety tests. The presence of such evidence often leads to further testing and possible arrest by an Austin BUI attorney.
Remember, you can refuse all tests. You have the right to refuse chemical or field sobriety tests, but refusal may carry legal consequences such as administrative license suspension.
Field Sobriety Tests in Texas BWI Cases
If stopped for BWI, officers may use the Seated Battery on the boat, take you ashore for Standardized Field Sobriety Tests (SFST), or conduct both. These field sobriety tests involve subjective assessments, and outside factors often influence them, which is why working with a knowledgeable BUI defense lawyer is so important for your case.
Marine officers on Central Texas lakes often work in teams and can call in backup for field testing, especially when dealing with multiple occupants or difficult boating conditions like rough water. The physical environment of a lake changes the context of these tests and increases the risk for inaccurate assessments. Knowing which agency handled the stop—such as Texas Parks & Wildlife, the Travis County Sheriff’s Office, or Austin Police Department—helps your defense attorney analyze which protocols were followed and if any evidence collection errors occurred during your BWI stop.

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Not Guilty Sexual Assault
NOT GUILTY of sexual assault and two lesser charges. Our client maintained his innocence from the start, and we believed him.
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Case Dismissed Aggravated Assault With a Deadly Weapon
Our client was charged with felony Aggravated Assault with a Deadly Weapon for allegedly pulling a boxcutter out during an altercation with another man. Our client had no prior contact with law enforcement. We thoroughly investigated the other party, and found that he had a history of violence and assault.
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Not Guilty Sexual Abuse
One Count of Continuous Sexual Abuse of a Minor; Three Counts of Aggravated Sexual Assault of a Minor; Two Counts of Indecency of a Minor by Contact/Exposure
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Case Dismissed; Charges Reduced Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child
Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.
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Case Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
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Case Dismissed Felony Assault Family Violence
Our client was charged with felony Assault Family Violence after an argument with his spouse allegedly turned physical. The evidence against our client was strong but, during the investigation, we found that our client’s spouse had a history of abusive behavior towards her living partners.
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Charges Rejected Assault Bodily Injury Family Violence
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Case Dismissed Aggravated Assault w/ Deadly Weapon
Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.
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Case Dismissed Felony POCS & Probation Violation
Our client was charged with an POCS 3rd degree felony while on probation in another county for a DWI 2nd. The car he was in was pulled over and, after officers obtained the consent of the driver, the car was searched. The police found cocaine in the vehicle and our client took responsibility.
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Case Dismissed Juvenile Sex Assault
Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Case Dismissed POCS Felony
Our client was charged with a State Jail Felony while stopped for traffic violation in Williamson County. The officers searched the car and found THC oil pens. He was arrested for a felony. We found issues with the search and our investigation uncovered additional issues with the investigation. We pressed the prosecutor on these issues and, coupled with the clean UA’s we had our client take, the case was dismissed.
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Case Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
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Case Dismissed; Charges Reduced Solicitation of a Minor
Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.
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Case Dismissed Possession of Controlled Substance
Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county.
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Case Dismissed Assault Family Violence
During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.
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Charges Dismissed Sexual Assault
Our client, who met a woman on a dating app alleging sexual assault, faced potential charges carrying up to 20 years in prison and lifetime sex offender registration. Through thorough case review and skilled negotiations by Smith and Vinson, the District Attorney's Office dismissed the case.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Case Dismissed Assault Family Violence
Our client was drinking and watching sports with his girlfriend when they got into a heated argument. The argument escalated, and our client left in order to avoid further trouble. A neighbor called the police and our client’s girlfriend made a statement alleging that our client had assaulted her.
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Case Dismissed Assault Family Violence w/ Strangulation and Injury to a Child
Our client and his wife had a contentious relationship with his wife’s ex-husband, and, unfortunately, our client’s middle-school aged stepdaughter was caught in the middle. After getting into trouble at home, the stepdaughter falsely accused our client of strangling her.
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Case Dismissed Assault Family Violence
Our client was a mother who had allowed her adult son and family to move in with her due to some hardship. After a family dinner a heated discussion between our client and her daughter in law turned into a physical altercation.
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Case Dismissed Felony Assault Family Violence
Our client was charged with felony Assault Family Violence for allegedly attacking her ex-boyfriend and scratching his face. The State appeared ready to file enhanced charges. Upon receiving the evidence, our firm found issues with the police video and discovered that the 9-1-1 call did not indicate that our client as the first aggressor.
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Case Dismissed Assault Family Violence
Our client was charged with Assault Family Violence that resulted from an argument with his girlfriend. Our client had a good job with a baby on the way and desperately wanted his record clear to support his family.
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Deferred Prosecution Juvenile Assault
Our client was a juvenile who got into altercation with a classmate on school grounds and was charged with assault. We know the stress of facing a charge at a young age is a lot for a family to navigate without assistance and can come with severe repercussions. We took the challenge to the State to prove its case while keeping the family involved.
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Case Dismissed Public Intoxication
After a night out our client got turned around in her apartment complex and knocked on a door she thought was her residence. Because of the late hour the police were called out to the scene and our client was charged with Public Intoxication.
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Case Dismissed Assault Family Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.
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Charges Dismissed Assault Bodily Injury Family Violence
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No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.
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Case Dismissed Theft
Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.
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Case Dismissed Aggravated Robbery
Our client was indicted on the 1st Degree Felony charge of Aggravated Assault. He was out celebrating a birthday with friends when the party took a different turn and our client ended up being in the wrong place at the wrong time.
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Charges Dismissed Assault Bodily Injury Family Violence
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Case Dismissed Assault Family Violence
Our client was charged with Assault Family Violence after an argument with his girlfriend in their shared residence. At the time of his arrest our Client was a young father who also worked for the city. Having this charge put him as risk of losing a custody battle for his child and his stable employment.
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Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child
Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.
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Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child
Our client was arrested after two girls he met online turned out to be underage. He was charged with four counts of sex assault of a child. The State interviewed the girls and obtained incriminating cell phone evidence, as well as evidence of drug use. The DA’s Office aggressively prosecuted this case and sought prison time.
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No Charges Filed Sex Assault Investigation
Our client had an affair with a married woman. When her husband found out, she accused him of rape and called the police, prompting an investigation. Our client wisely contacted our office immediately.
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Charges Avoided Assault
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Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault With Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted. Our client was charged with both misdemeanor Assault and Aggravated Assault with a Deadly Weapon.
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Case Dismissed Theft
Our client, a legal permanent resident, was charged with stealing clothing at Macy’s. The State offered our client an initial plea deal. However, due to her immigration status, we advised our client that it was in her best interest to fight this case the whole way.
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Charges Dismissed Sexual Assault Investigation
Our client, a promising Texas State student, was wrongfully accused of sexual assault by a classmate and hastily arrested. We demonstrated the consensual nature of their actions and exposed the accuser's ulterior motives. The District Attorney's Office dismissed the case.
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Charges Reduced Intoxication Assault Causing Serious Bodily Injury
Our client was charged with 5 Felony Counts including Intoxication Assault causing Serious Bodily Injury after being involved in a vehicle/pedicab accident that injured 3 people, one with life-threatening injuries. The arresting agency obtained a blood search warrant from our client and he was facing 5 felony counts.
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Case Dismissed Assault Family Violence
Our client was charged with Assault Family Violence after an altercation with his girlfriend, who sustained a concussion and bite marks on her nose. Our investigation revealed that the girlfriend initiated the fight by pushing and biting our client.
FAQs About Boating While Intoxicated in Austin
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The legal BAC (Blood Alcohol Concentration) limit for operating a watercraft in Texas is 0.08%, mirroring the limit for operating a vehicle. Exceeding this limit can result in a BUI charge, leading to fines, potential jail time, and suspension of boating licenses.
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A BWI conviction may also impact your driving record. Texas law treats BWI and DWI offenses interchangeably for repeat offenders, which can lead to harsher penalties, including longer license suspensions and increased fines for both boating and driving under the influence infractions.
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Yes, sobriety tests conducted on water often include the Seated Battery of tests due to the nature of being on a boat. These tests assess impairment levels without requiring standard walk-and-turn methods used on land, acknowledging the challenges of balance on a watercraft.
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A BUI attorney can help by scrutinizing the details of your BWI case, including the conditions under which you were stopped and the validity of sobriety tests conducted. Legal guidance is critical in building a robust defense to potentially reduce penalties or achieve a dismissal.
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Immediately after a BWI arrest, request a lawyer and avoid making any statements without legal counsel. Note any details of the stop that could aid your defense, such as the conditions on the water or the behavior of the officers involved. Prompt legal advice is crucial for protecting your rights.
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Yes, your driver's license may be at risk following a BWI arrest. If a BAC of 0.08% or higher is confirmed, your license could be suspended similar to a DWI offense. It's important to act within 15 days to request a hearing to contest the suspension.
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You can refuse a breathalyzer test; however, refusal may result in automatic penalties, including the suspension of driving and boating privileges.
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Many BWI cases are resolved through negotiations without going to trial. However, if the facts of the case warrant it or if a favorable plea agreement cannot be reached, a trial may be necessary. Your BUI attorney will work to achieve the best possible outcome, whether in or out of court.
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The long-term effects of a BWI conviction can include difficulties in securing employment, higher insurance premiums, and loss of certain civil privileges. Additionally, a conviction can negatively impact personal relationships and community standing, highlighting the importance of having a strong BUI defense lawyer on your side.



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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”- Taylor T.
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“I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”- Iayni M.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.


Representation for BWI Charges in Central Texas. Call (512) 359-3743!
Texas has the most inland water of any state, with numerous lakes in Travis County. Boating is enjoyable, but a BWI can disrupt your life just like a DWI. This makes it critical to understand the specific provisions of Texas water and boating law if you face these charges.
BWI legal procedures in Central Texas differ from other criminal cases. Travis County courts know the realities of area boating culture. Law enforcement agencies like the Austin Police Marine Unit and Texas Parks & Wildlife Department regularly patrol local waterways and handle BWI arrests, using their knowledge of state boating regulations. Working with a boating under the influence attorney who regularly represents clients in Central Texas courts means navigating not just statutes, but also local courtroom processes and priorities. Local BUI defense attorneys monitor agency enforcement and legal updates, putting you in a better position to address changes that affect your case. Relying on attorneys with a history in the region ensures your defense aligns with the expectations and customs of Austin-area legal circles.
You need a lawyer who knows the law and can identify weaknesses in the State’s evidence. BWI cases differ from DWI cases, so hire a boating under the influence attorney who understands the nuances. The Austin BUI lawyers at Smith & Vinson Law Firm defend clients with BWI charges across Austin and Central Texas. Our experience allows us to maneuver within the local justice system and provide a defense tailored to your needs.
Contact our Austin BUI attorneys now for a free consultation at (512) 359-3743.

