BUI Over 20 Years of Result-Oriented Criminal Defense

BUI Attorney in Conroe, TX

BWI Defense on Lake Conroe Since 1998. Over 25 Years of Intoxication Offense Litigation.

Lake Conroe stretches across roughly 21,000 acres in Montgomery County and draws some of the heaviest recreational boating traffic in Texas. That traffic also draws enforcement. Texas Parks and Wildlife game wardens, the Montgomery County Precinct 1 Constable’s Marine Division, and the Montgomery County and Walker County Sheriff’s Offices all patrol the lake, with operations peaking on Memorial Day, Fourth of July, and Labor Day weekends. A BWI arrest here carries the same criminal penalties as a DWI on the road.

Douglas W. Atkinson, Attorney at Law is based in Conroe and has handled criminal defense in Montgomery County since 1998. Our practice focuses on intoxication offenses, including BWI and BUI charges arising from Lake Conroe and surrounding waterways.

If you’ve been arrested for BWI or BUI in Conroe or anywhere in Montgomery County, time matters. Call us at (936) 681-0031 for a free consultation.

Why Doug Atkinson for BWI Defense in Montgomery County

Doug Atkinson has defended hundreds of clients charged with intoxication offenses in Texas over more than 25 years of practice. That background translates directly to BWI defense. He is a member of the National College of DUI Defense and completed the NHTSA Standardized Field Sobriety Testing Certification Course in 2007, giving him the same foundational training officers receive when they administer and evaluate those tests. When an officer’s technique is flawed, Doug recognizes it.

His credentials reflect consistent peer and judicial recognition. He has earned Super Lawyers recognition from 2023 to 2025, holds a 10.0 Superb Avvo Rating, and has been named to the National Trial Lawyers Top 100 since 2017. He is admitted to practice in all Texas state courts and the U.S. Fifth Circuit Court of Appeals, and he is a member of the Texas Criminal Defense Lawyers Association. Douglas W. Atkinson, Attorney at Law handles only criminal defense cases.

Montgomery County courts are familiar ground. Doug appears there regularly, and that local familiarity shapes how we evaluate a case and how we approach prosecutors.

BWI Charges & Penalties Under Texas Law

BWI is defined under Texas Penal Code Section 49.06 as operating a watercraft while intoxicated, meaning a blood alcohol concentration (BAC) of 0.08 or higher, or loss of normal use of mental or physical faculties due to alcohol or drugs. The law applies to motorboats, jet skis, and most other watercraft used to transport a person on water. “BUI” and “BWI” are often used interchangeably by the public, but in Texas they carry distinct statutory meanings: BWI is the adult charge under the Penal Code, while BUI refers to a minor-specific charge under the Texas Alcoholic Beverage Code.

Offense levels and penalties:

First BWI (Class B misdemeanor): 72 hours to 180 days in jail, fine up to $2,000
Second BWI (Class A misdemeanor): 30 days to one year in jail, fine up to $4,000
Third BWI (third-degree felony): 2 to 10 years in prison, fine up to $10,000

One enhancement rule catches many people off guard: prior BWI and DWI convictions count interchangeably. A previous DWI makes a new BWI charge a second offense, and vice versa. If intoxicated boating causes serious bodily injury to another person, the charge escalates to intoxication assault, also a third-degree felony. Beyond criminal penalties, a conviction carries a permanent record, potential employment difficulties, and higher insurance costs.

Act Within 15 Days of a BWI Arrest

A BWI arrest in Texas triggers two separate proceedings. The criminal case moves through Montgomery County courts. The Administrative License Revocation (ALR) process moves through the Texas Department of Public Safety. If you refused or failed a breath or blood test, you have only 15 days from the date of arrest to request an ALR hearing. Miss that deadline and your license suspension can become automatic, regardless of how the criminal case resolves.

We offer a free consultation to anyone arrested for BWI or BUI in the Conroe area. Call (936) 681-0031 or reach us through the online contact form to speak with Doug Atkinson directly about your case.

How BWI Defense Differs from DWI Defense

A BWI case involves legal rules and practical circumstances that don’t arise in a standard DWI. Those differences directly shape what a defense strategy looks like.

Boarding Without Probable Cause

On Texas waterways, law enforcement officers don’t need probable cause to board a vessel. A routine safety inspection for life jackets, registration, fire extinguishers, and navigation lights is lawful, and it can escalate into a BWI investigation without any initial suspicion of intoxication. That’s a meaningful distinction from a traffic stop, where an officer must have a reason to pull you over.

Limited Video Evidence

Patrol boats on Lake Conroe rarely carry mounted cameras, and body cameras aren’t standard equipment for Texas Parks and Wildlife game wardens on the water. The state’s case often rests on an officer’s written report rather than footage. The absence of video cuts both ways: it removes a record that could confirm the officer’s account, but it also limits the evidence available to contradict yours.

Environmental Factors That Mimic Intoxication

Hours on the water produce real physiological effects. Sun exposure, dehydration, wave motion, engine fumes, and physical activity can cause bloodshot eyes, flushed skin, and unsteady balance. These are the same signs officers are trained to associate with alcohol intoxication. It’s also worth noting that Texas has no open container law for boats. Having open alcoholic beverages on board is legal, and their presence alone isn’t evidence of intoxication.

Driver’s License Suspension

A BWI conviction on its own doesn’t trigger automatic driver’s license suspension the way a DWI conviction does, because the offense involves a watercraft rather than a motor vehicle. License jeopardy in a BWI case arises through the ALR process if you refused or failed chemical testing, not from the conviction itself.

Building a BWI Defense: Field Tests, BAC Results, & the ALR Hearing

Doug Atkinson’s completion of the NHTSA Standardized Field Sobriety Testing Certification Course means he reviews an officer’s technique against the same standards the officer was trained to meet. In BWI cases, that review often reveals problems.

Challenging Field Sobriety Tests

Field sobriety tests in BWI cases are typically administered on a dock or patrol vessel after the boater reaches shore. The standard walk-and-turn and one-leg-stand tests weren’t designed for someone who has spent hours on moving water. The physical adjustment your body makes after extended time on a boat, sometimes called “sea legs,” can impair balance performance independent of alcohol consumption. Officers may also administer a seated battery of tests adapted for a marine environment, and those results can be challenged on the basis of the officer’s training and the conditions under which they were given.

Contesting BAC Test Results

Breath, blood, and urine samples can be challenged on multiple grounds: collection protocol, chain of custody, and laboratory handling. Doug has defended DWI cases involving high breath and blood alcohol test results, and those same analytical tools apply in BWI defense.

The ALR Hearing & Implied Consent

By operating a vessel on Texas waters, you have given implied consent to chemical testing. Refusing to submit triggers an Administrative License Revocation proceeding that runs parallel to the criminal case. The request deadline is 15 days from the date of arrest, and it applies regardless of whether the criminal BWI charge is later dismissed or reduced. Requesting the hearing can preserve your license and creates an early opportunity to examine the arresting officer under oath before the criminal trial proceeds.

Our Settlements & Verdicts

Not Guilty DWI
Not Guilty Assault
Not Guilty DWI
Dismissed and Expunged DWI
Dismissed DWI
Not Guilty DWI
Dismissed DWI
Dismissed DWI
Dismissed DWI
Dismissed Drug Possession
Not Guilty DWI
Not Guilty DWI

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Why Doug Atkinson?

Quality You Can Count On

Over 25 Years of Experience
We Only Practice Criminal Defense
Thousands of Cases Handled
Thousands of DWI Cases Handled
Relentless Representation
Client-Focused. Results-Driven.